|
Massachusetts Land Court
The Massachusetts Land Court is one of the departments of the Trial Court of the Commonwealth of Massachusetts. The court is unique among the courts of Massachusetts and among state courts in general because its subject-matter jurisdiction is limited to disputes involving real property. Jurisdiction The court's geographic jurisdiction covers all of Massachusetts. The court usually sits in Boston, but may hold trials at other locations when necessary. Exclusive jurisdiction The Land Court has exclusive and original jurisdiction over the registration of title to real property (discussed ''infra''), over all matters and disputes concerning such title after registration, and over the foreclosure and redemption of real estate tax liens. Concurrent jurisdiction The Land Court shares jurisdiction over other property matters with other court departments. The court's jurisdiction overlaps significantly with that of the Massachusetts Superior Court in many instances, because the Superi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partition (law)
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale. Under the common law, any owner of property who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition their land by entering a deed poll (sometimes referred to as "carving out"). Why forced sales occur Forced sales generally occur because owners of property are unable to agree upon certain aspects of the ownership. The owners may disagree on how to use the property, the amount of money to invest into the property, on their right to occupy and use the whole of the property. If the pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts State Courts
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research econ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts General Laws
The Massachusetts General Laws is a codification of many of the statutes of the Commonwealth of Massachusetts. The Commonwealth's laws are promulgated by an elected bicameral ("two-chamber") legislative body, the Massachusetts General Court. The resulting laws—both Session Laws and General Laws—together make up the statutory law of the Commonwealth. Each bill that becomes law is given a chapter number, assigned sequentially in the chronological order of its adoption – these are the ''Session Laws''. The official publication of Session Laws for any given year is called the ''Acts and Resolves of Massachusetts'', and is compiled and published annually by the Secretary of the Commonwealth. The vast majority of Session Laws are ''Acts''. A ''Resolve'' is most typically used to establish a special commission to investigate a certain issue. ''General Laws'' are Session Laws (or sections of Session Laws) that are permanent in nature and of general application. They are codified ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Deed Registries In Massachusetts
The Commonwealth of Massachusetts has 21 separate Registries of Deeds, each functioning in districts dealing with real estate registration and land records. The registries are divided by county or subdivided within official state counties. These divisions are headed by elected officials known as a Register, and fall under the purview of the Secretary of the Commonwealth of Massachusetts The Massachusetts Secretary of the Commonwealth is the Secretary of State (U.S. state government), principal public information officer of the Government of Massachusetts, government of the U.S. state of Massachusetts. The Secretary of the Commo ... and local county governments. By county Barnstable Berkshire Bristol Dukes Essex Franklin Hampden Hampshire Middlesex Nantucket Norfolk Plymouth Suffolk Worcester References External links * {{Official website, http://www.sec.state.ma.us/rod/rodidx.htm Locate my Registry of Deeds Offi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Appeals Court
The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. It was created in 1972 as a court of general appellate jurisdiction. The court is located at the John Adams Courthouse at Pemberton Square in Boston, the same building which houses the Supreme Judicial Court and the Social Law Library. Jurisdiction The Appeals Court hears most appeals from the seven court departments of the Massachusetts Trial Court, including the Superior, District, Probate and Family, Juvenile, Land, Housing, and Boston Municipal Court departments. The Appeals Court also hears appeals from final decisions of certain Massachusetts administrative agencies, including the Department of Industrial Accidents, the Appellate Tax Board, and the Commonwealth Employment Relations Board. Some types of appeals are not heard before the Appeals Court. For example, an appeal from a conviction of first degree murder goes directly to the Supreme Judicial Court. The Supreme Judicial Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marketable Title
Marketable title (real estate) is a title that a court of equity considers to be so free from defect that it will legally force its acceptance by a buyer. Marketable title does not assume that absolute absence of defect, but rather a title that a prudent, educated buyer in the reasonable course of business would accept. For real estate practitioners, the most complete reference to title issues is found in the preprinted wording contained within an agreement/contract. If you cannot produce a clear title of deed to the property then the prospective buyer should expect to lose in a specific performance action. Merchantable title and marketable title are synonymous terms. In the absence of an agreement to the contrary, there is an implied undertaking in the contract that the vendor (person selling the property) has a marketable title. The contract typically provides that on failure of a vendor to deliver good and marketable title, the vendee (buyer) may rescind the contract and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recording (real Estate)
The vast majority of states in the United States employ a system of recording legal instruments (otherwise known as deeds registration) that affect the title of real estate as the exclusive means for publicly documenting land titles and interests. This system differs significantly from land registration systems, such as the Torrens system that have been adopted in a few states. The principal difference is that the recording system does not determine who owns the title or interest involved, which is ultimately determined through litigation in the courts. The system provides a framework for determining who the law will protect in relation to those titles and interests when a dispute arises. Creation The recording systems are established by state statute. They usually provide for the office of a recorder in each county or other jurisdiction. The names of these offices are usually the "Recorder of Deeds" or something similar. State statutes also prescribe the following elements: #Wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (prop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
