Massachusetts law about real estate

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, s.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."

Greenery Rehabilitation Group, Inc. v. Antaramian, 36 Mass. App. Ct. 73 (1994)
Generally, a seller has no duty to disclose problems with the property. "Such nondisclosure does not amount to fraud and is not a conventional tort of any kind." Concealment by a seller in "the simple sense of failure to reveal, with nothing to show any peculiar duty to speak," is not the same as misrepresentation.

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

• Buying a Home, A. Joseph Ross, 2011. 
  Describes the basics of buying a home in Massachusetts
• Buying a Second Home, Nolo, 2009
  Includes costs and other issues to consider, including buying with others or renting it out. Requires library card for access.
• Nolo's Essential Guide to Buying Your First Home, Nolo, 2016
  • Explains the process from why buy? through getting a mortgage, moving in, and more. Requires library card for access.

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, 2017
  "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 library card for access.

Registered land

• Massachusetts Registered Land - A Primer, National Law Review, July 2014.
  Explains the often misunderstood or unknown legal structure of registered land in Massachusetts.
• What is the Difference Between Recorded Land and Registered Land?, Middlesex South Registry of Deeds

Other topics

• The Attorney General's Guide to Manufactured Housing Community Law, Mass. Attorney General, Nov. 2017 
  "This guide provides a comprehensive discussion of the legal rights and responsibilities of residents and owners of manufactured housing communities. In particular, it discusses M.G.L. c.140, 32F-32S, often called the Manufactured Housing Act, the Attorney General's manufactured housing regulations, and other relevant housing laws. Understanding the law can help community owners and residents avoid disputes, resolve those that do occur, and, when necessary, take steps to enforce legal rights."
• Discharging Mature Mortgages, Middlesex North Registry of Deeds, Feb. 14, 2008
  Explains "how to discharge an old mortgage that's past it's maturity date."
• Eminent Domain Brochure, Mass. Highway Department, 2011 
  "The purpose of this brochure is to explain the Eminent Domain land acquisition process, and answer frequently asked questions about the process."
• The Massachusetts Real Estate Law Blog
  Includes information on "real estate topics from closings, to landlord tenant law, to the mortgage/foreclosure crisis, to boundary line disputes"
• Real Estate and the Deceased Spouse, Middlesex North Registry of Deeds, Feb. 27, 2009
  Clearly explains the steps to be taken when one spouse dies and the couple owned their home as tenants by the entirety
• Saving the Family Cottage, A Guide to Succession Planning for Your Cottage, Cabin, Camp or Vacation Home, Nolo, 2017.
  "We’ll show you how to use the limited liability company to achieve your family’s goals for the cottage, outlining techniques for management and power sharing, scheduling, financing, graceful exits, and successful transfers that minimize federal taxes." Requires library card for access.

Print sources

Handling Residential Real Estate Transactions in Massachusetts, MCLE, loose-leaf.

Real Estate Title Practice in Massachusetts, MCLE, loose-leaf.

Last updated:	August 2, 2018