Overview
To file an S-Case, you must follow the Massachusetts Rules of Civil Procedure and General Laws Chapter 185, the statute related to registered land. For guidance on registered land title issues, consult the Land Court Registered Land Guidelines. Also check for updates published in Registered Land Memos by the Chief Title Examiner. These resources are available on the Land Court’s Registered Land Resources webpage.
To ensure the efficient processing of your S-Case, please follow the steps outlined below. Failure to follow these steps may result in delays, rejection, or dismissal of your case.
Note: SJC Rule 1:24
All public filings with the Land Court must comply with Supreme Judicial Court (SJC) Rule 1:24: Protection of personal identifying information in publicly accessible court documents. It is your responsibility as the filer to redact “personal identifying information” from any documents filed with the court. This includes information such as a social security number, taxpayer identification number, driver’s license number, state-issued identification card number, or passport number, a parent's last name at birth (if it’s identified as that), a financial account number, or a credit or debit card number. Noncompliance may result in corrective action in accordance with Section 8 of Rule 1:24.
Step 1: Gather all documentation required for filing.
You must submit a complete “case initiation packet” along with your S-Case complaint when filing your case with the Land Court. Failure to submit all required documents may result in delays, rejection, or dismissal of your case. This packet must include the following documents (A through F).
A. Subsequent to Registration Complaint Cover Sheet
All S-Cases require the filer to submit the Subsequent to Registration Complaint Cover Sheet. This form is available on the Land Court forms webpage, under the “Registered land and related forms and instructions” section. This form categorizes your case. It gives the court the registered land plan and certificate number, other references, and the party or attorney’s contact information. The form requires the case number. The Find a Land Court case docket webpage explains how to look up your Land Court case online and includes an explanation of Land Court Case Numbering Format.
B. Subsequent to Registration Complaint
For some types of S-cases, the Land Court provides form complaints. Find them on the Land Court forms webpage. Look under the section labeled “Registered land and related forms and instructions.” Where provided, use of the court’s forms is mandatory. If there is no form for your type of S-Case, write your own complaint. It must include all necessary facts and the requested relief (what you’d like the court to do).
C. Certified copy of current Certificate of Title or Memorandum of Unit Ownership
All S-Cases require the filer to submit a certified copy from the Registry of Deeds of the current certificate of title or memorandum of unit ownership (for condominiums).
If the current certificate of title or memorandum of unit ownership is not yet prepared, provide instead:
- a certified copy of the last issued and prepared certificate of title or memorandum of unit ownership;
- copies of all intervening deeds from the last prepared, up to and including the current deed; and
- a printout of the memorandum of encumbrances.
D. Registered documents and recorded instruments
Registered documents concern registered land, while recorded instruments concern non‑registered land. Provide copies of all registered documents and recorded instruments relevant to your S-Case. If your case involves registered land documents that were mistakenly recorded instead of registered (“wrong way” recording), submit the recorded copies. Certified copies are not required.
E. Attested copies of probate and other court documents
If the S-Case involves a case in any other court (like the Probate and Family Court or the Bankruptcy Court), submit attested or certified copies of the relevant documents. This could include a Decree of Sale from the Probate and Family Court or a Bankruptcy Court Order. You must also submit an attested or certified copy of the case docket.
Note: Complaints for Certificate after Death
For S-Cases requesting the issuance of a new certificate after the death of a registered owner, refer to the court’s guidance on the submission requirements in the court’s Chief Title Examiner Memorandum Re: Land Court Guideline 14 (issued October 31, 2019) and available on the Land Court’s Registered Land Memos from the Chief Title Examiner webpage.
Complaints for Certificate after Death are subject to Land Court Standing Order 1-21. It dismisses, without prejudice, complaints filed too early. The Standing Order appears on the Land Court’s Standing Orders webpage.
F. Additional required documentation
Additional required documentation varies by case. Check the Registered Land Guidelines and any updates to the Guidelines set forth in the Registered Land Memos from the Chief Title Examiner. They detail the specific requirements for your S-Case.
Do not submit original documents to the court for any document that needs to be registered with the Order of Court. Retain original documents in your files and include copies with the complaint.
Step 2: File the S-Case with the Land Court and pay the filing fee.
File the S-Case with the Land Court in accordance with Massachusetts Rules of Civil Procedure, Rule 3 and pay the required filing fee. You can submit your case initiation packet (see Step 1, above) and the required filing fee by mail or in person at:
Land Court Recorder’s Office
Three Pemberton Square, Fifth Floor
Boston, MA 02108
Currently, electronic filing (eFiling) is not available for S-Cases.
The required filing fee must be paid at the time of filing. The filing fee is currently $50.00. Confirm this amount on the court’s website before filing. The fee can be paid by check (mail or in person) or credit card (in person only). As soon as the filing fee is paid, the complaint will be date-stamped and docketed by the Recorder’s Office. If you are paying by check, it must be made payable to either the “Land Court” or the “Commonwealth of Massachusetts.”
Step 3: Provide an electronic copy of the complaint and all required documentation.
After you file the S-Case, send an email to the Land Court Title Examination Department at LandCourt.Title@jud.state.ma.us. Attach an electronic copy of the case initiation packet to the email. Attach the documents in Portable Document Format (“PDF,” “.pdf”).
You are limited to an attachment file size of approximately 19 megabytes (MB). The court prefers that you send an email with one single attached document containing the entire case initiation packet within the file size limit of 19 MB. However, if the file size of the attachment is over 19 MB, then the attachment must be split into more than one document and sent in multiple emails. Be sure to label the multiple emails in the subject lines of the emails (like “Email 1 of 3”).
The email subject line should reference the assigned case number, which includes the Land Court plan number.
Note: S-Case number and Plan number
The S-Case number (or docket number) has a specific format. It is the last two digits of the year followed by "SBQ," the five-digit plan number, the two-digit month, and a three-digit sequence number. The sequence number is typically "001" for the first case filed under that plan number in a given month. Do not include any letters or numbers after the initial plan number.
For example, an S-Case filed in August 2021 for plan number 1234-B, would be given a docket number of 21 SBQ 01234 08 - 001.
Please note that the current owner’s certificate of title number is not the same as the plan number. The registered land plan number was set when the property was first registered. It remains unchanged for each subsequent owner.
If you cannot figure out your plan number, contact the Land Registration District in your local Registry of Deeds to obtain your property’s plan number.
Step 4: Use masscourts.org to check the status of your S-Case.
Once the court accepts your filings and opens the S-Case, it will upload all filed documents to the court’s case management system. You will be able to view and download case records from the Massachusetts Trial Court Electronic Case Access portal, available to the public and attorneys at masscourts.org. The court will make entries and note case activity on the docket as the S-Case proceeds.
You can track the status of your S-Case through the masscourts.org portal. This online portal allows you to check on your case progress at any time. It eliminates status inquiries and allows staff to focus on case work without interruptions. Visit this webpage for more information on locating your Land Court case in MassCourts. For urgent inquiries, you may contact the Land Court Recorder’s Office at 617-788-7470 for assistance.
Note: Searching for a case
When searching for the case on masscourts.org, the case number must be entered exactly to return a result. Using the example in Step 3, you would search for case number 21 SBQ 01234 08 - 001. Note all the spaces, single dash, and capitalization. Please refer to the Land Court Case Numbering Format reference available on the Land Court’s website for more information.
Step 5: Register the Order of Court or endorsement.
At the end of the S-Case, the Land Court will send the Plaintiff an electronically signed Order of Court or endorsement. The Plaintiff must then register the Order of Court or endorsement, and any specified documents, in the appropriate Land Registration District in the local Registry of Deeds and pay the required fees.
A. Order of Court
After the Land Court issues an Order, the Land Court will email the Order to the Plaintiff and the applicable Land Registration District. The Order of Court will also be available for view or download on masscourts.org by searching the S-Case docket number.
Once the Order is issued, no alterations are allowed. The Plaintiff must present the Order of Court for registration to the appropriate Land Registration District. They must also submit any documents to be registered with the Order of Court and pay the required fees.
Land Registration District personnel will check the submitted Order of Court. They will do this by comparing the Order of Court to the court-emailed version or the image available online at masscourts.org.
Note: Prompt registration required
The Plaintiff must register an Order of Court promptly upon its issuance. Delayed registration may hinder the timely registration of other title documents affecting the property and may require further court proceedings.
B. Endorsement on a Notice of Voluntary Withdrawal
Cases to withdraw land from the registration system end with a Justice’s endorsement on a Notice of Voluntary Withdrawal. The Land Court may endorse a Notice of Voluntary Withdrawal by either signing directly on the Notice, or by attaching a separately signed endorsement to the Notice.
Note: Signed and acknowledged Notice
The Notice of Voluntary Withdrawal must be signed by the registered owner(s) and acknowledged in the appropriate capacities (for example, as manager for a limited liability company).
After endorsement, the Land Court will email the endorsed Notice and an Exhibit A containing the land description to both the Plaintiff and the applicable Land Registration District. The endorsed Notice of Voluntary Withdrawal will be available on masscourts.org You can view or download it by searching the S-Case docket number.
If necessary, original documents will be returned to the Plaintiff or can be picked up from the Land Court Recorder’s Office.
Once endorsed, no alterations are allowed. The Plaintiff must present the endorsed Notice (or Notice and attached endorsement) along with its Exhibit A for registration to the appropriate Land Registration District and pay the required fees. The first page should either be the directly endorsed original Notice or the endorsed attachment to the Notice.
Land Registration District personnel will check the endorsement and Exhibit A submitted for registration by comparing it to the court-emailed version or the image available online at masscourts.org.
Note: Recording the Notice on the recorded side of the Registry of Deeds
The Plaintiff must also record the endorsed Notice of Voluntary Withdrawal on the recorded land side of the Registry of Deeds. Recording procedures may vary among different registries, so Plaintiffs should ask Land Registration District personnel for specific guidance.