Massachusetts law about real estate

A compilation of laws, regulations, cases, and web sources on real estate law. This is a general page, but there are many more pages on various aspects of real estate law. Be sure to see "Related" for other important topics.

Table of Contents

Massachusetts laws

MGL c.183 Conveyances by deed, mortgage discharge

MGL c.183A Condominiums

MGL c.183B Time shares

MGL c.184 General provisions relative to real property

MGL c.93, § 114  "Psychologically impacted" properties. Sellers and brokers do not have to disclose to buyers or tenants the fact that a property is perceived to be tainted by the health of a previous occupant, a murder or suicide, or paranormal phenomena. However, they may not be deceitful in answers to questions about the property.

St.1983, c.527 Condominium conversion

Court rules and procedures

Massachusetts Land Court rules.  Also available as an ebook.

Guidelines on registered land, Mass. Land Court, February 27, 2009.

Manual of instructions for the survey of lands and preparation of plans, Mass. Land Court, 2006.
"This manual is issued for the information and guidance of land surveyors preparing surveys and plans to be filed in the Land Court. It is intended as a guide to the minimum requirements for what is commonly referred to in this commonwealth as a "Land Court Survey"... Compliance with these instructions is mandatory, and no survey or plan will be accepted for filing unless these requirements have been fulfilled to the satisfaction of the Land Court's Survey Division."

Registries of Deeds

Massachusetts Registry of Deeds, Mass. Secretary of State
Provides links to all of the Registries of Deeds, which then provide access to addresses, phone numbers, and websites for the individual registries.

Selected case law

Brennan v. DeCosta, 24 Mass. App. Ct. 968 (1987)
"As a general rule, the title of persons who acquire land bounded by a street or way runs to the center line of the way, G. L. c. 183, § 58 , and carries with it the right to use the way along its entire length... To that general rule, however, there are limitations."

Michelson v. Sherman, 310 Mass. 774 (1942)
The statute of frauds requires a written document “which recites the essential elements of the contract with reasonable certainty.”

The Real Estate Bar Association of Massachusetts v. National Real Estate Information Services, 459 Mass. 512 (2011)
The "closing or settlement of real property conveyances requires not only the presence but the substantive participation of an attorney on behalf of the mortgage lender, and that certain services connected with real property conveyances constituted the practice of law in Massachusetts." Outlines what constitutes unauthorized practice of law in real estate transactions.

Web sources

Buying real estate

Selling real estate

  • Selling your home, A. Joseph Ross
    Describes the basics of how to sell a house or condominium in Massachusetts.
  • Selling your house, Nolo, 2019
    "With the help of this book you can figure out important things, like what to do first after deciding to sell your home, what to look for in and expect from a real estate agent, how to get top dollar for your home, how the law protects you (and what it requires of you) when you enter into a purchase agreement with a buyer, and much more." Requires free library card for access.

Registered land

Other topics

Print sources

Crocker’s notes on common forms, 10th ed., MCLE, 2 vol. looseleaf. 

Handling residential real estate transactions in Massachusetts, 4th ed., MCLE, loose-leaf.

Massachusetts conveyancers’ handbook with forms, by Edward C. Mendler, 4th ed., West, 2008 with supplement.

Massachusetts real estate, by Robert Marzelli, 3rd ed., Lexis, 2005 with supplement.

Real estate law with forms, (Mass. Practice v.28-28C), West, annual edition.

Real estate title practice in Massachusetts, 3rd ed., MCLE, loose-leaf.

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: September 30, 2019
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