63. Voluntary withdrawal (G.L. c. 185, § 52)

(Added February 27, 2009) This Guideline was superseded by the Chief Title Examiner memo dated January 27, 2025. This memo can be found linked under the 'Related' section on the right-hand side of the page.

Land may be withdrawn from registration voluntarily by private owners who qualify under the governing statute, G. L. c. 185, §52, and by a public entity.

1. Registered Land owners, other than public entities, who qualify under the statute may have their land withdrawn from registration when the following procedures are followed:
   1. Submit a complaint, signed by either the registered owners or their lawyer, accompanied by an executed “Notice of Withdrawal”, on the designated Land Court form. The notice must be signed by all of the owners and should contain an Exhibit A. The basic form of complaint is available from the Land Court, but must be augmented with allegations and exhibits, as necessary (see Items 7, 8, and 9 below.). A form of the complaint and notice are attached hereto.
   2. Filing fee is $50.00.
   3. File an attested copy of certificate of title or an attested copy of the deed(s) into the current owner and a copy of the most recent prior certificate of title.
   4. If (a) the registered land constitutes less than 50 per cent of the total area of a single parcel or of two or more contiguous parcels in common ownership, or (b) the registered land consists of less than 10 per cent of the land area shown on the decree plan to which the original certificate of title pertains, the rest of the land area to which such certificate pertains having been conveyed since the original registration under Chapter 185, then in either case, plaintiffs must submit proof that their situation falls within the applicable clause--by attaching to the complaint relevant plans and deeds, which support the allegations in the complaint. There will be a review by the court’s Engineering Department of all complaints filed under Clauses (a) and (b).
      (The Court may require a certificate from a registered engineer or land surveyor to verify land area percentages.)
   5. In those cases where Plaintiffs allege they have submitted the land to the provisionsmof Chapters 183A or 183B, or have created interests in the land to which Chapter 183B is applicable pursuant to § 3 of Chapter 760 of the Acts of 1987 (Clause c), Plaintiffs must submit proof of the facts alleged.
   6. When withdrawal is sought for other good cause, under Clause (d), the complaint must set forth with specificity the grounds upon which the Court is asked to find “good cause.”
   7. Title examination by a Land Court Examiner is required. The Court will appoint an examiner pursuant to SJC Rule 1:07. (Any request for a non-sequential appointment in accordance with the SJC Rule must be made at the time of filing the complaint.) When the Court appoints an examiner, it will send the Notice of Appointment to plaintiffs’ attorney, who is responsible for sending the Notice of Appointment to the examiner, together with a copy of the complaint.
   8. The title examination should run from the date of the outstanding certificate of title and list all of the owners, mortgagees, and lessees, with an address for each.
   9. Notice to all mortgagees and lessees of record is required. If plaintiffs do not submit the assents of all mortgagees and lessees, a citation will issue. Upon receipt of assents from all those entitled to notice, or their default, the case will be treated as an ex-parte matter, and presented to the Court for its consideration. If any party notified files an opposition to the complaint, the case will be treated as a contested case, to be resolved according to the penultimate sentence of § 52.
   10. Upon the filing of the Notice of Voluntary Withdrawal endorsed by a Justice of the Court with the appropriate registry district, the land described in the Notice shall be deemed withdrawn and shall become unregistered land, and the owners shall hold title thereto at the time of such filing “free of all liens and encumbrances, including adverse possession and prescriptive rights, except those set forth or referred to in § 46 and those noted on the certificate of title or filed for registration before the filing of the notice of Voluntary Withdrawal, as though a Judgment of Confirmation without registration had been recorded under § 56A.”
   11. The Chief Title Examiner and Engineering Department will receive from the local registry district verification of the filing of the Notice of Withdrawal, with the document number and date of filing.
   12. Plaintiffs’ counsel should be aware that he or she may want to record a copy of the Notice of Withdrawal on the unregistered side of the Registry to provide a starting point for the title on the unregistered side.
2. Land owned by the Commonwealth or any agency, department, board, commission or authority of the Commonwealth or any political subdivision thereof or any authority of any such political subdivision
   1. A complaint shall be filed by the public entity which has acquired the registered land. This complaint is to be drafted by the plaintiff and is not the complaint referred to in the previous section dealing with privately owned land.
   2. Filing fee is $50.00.
   3. Title examination by a Land Court Examiner is required. The Court will appoint an examiner pursuant to SJC Rule 1:07. (Any request for a non sequential appointment in accordance with the Rule must be made at the time of filing the complaint.) When the Court appoints an examiner, it will send the Notice of Appointment to plaintiffs’ attorney, who is responsible for sending the Notice of Appointment to the examiner, together with a copy of the complaint.
   4. The title examination should run from the date of the outstanding certificate of title and list all of the owners, mortgagees, and lessees, with an address for each.
   5. Notice to all mortgagees and lessees of record is required. If plaintiffs do not submit the assents of all mortgagees and lessees, a citation will issue. Upon receipt of assents from all those entitled to notice, or their default, the case will be treated as an ex-parte matter, and presented to the Court for its consideration. If any party notified files an opposition to the complaint, the case will be treated as a contested case, to be resolved according to the penultimate sentence of § 52.
   6. A court order will issue for the withdrawal of the land from the provisions of Chapter 185.