Free Complaint for Voluntary Withdrawal of Land from the Registration System - Massachusetts

COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No. ______________ COMPLAINT FOR VOLUNTARY WITHDRAWAL OF LAND FROM THE REGISTRATION SYSTEM UNDER G. L. c. 185, § 52 Plaintiffs are all of the owners of the fee simple estate in all of a parcel of land that has been registered under G. L. c. 185, and wish to withdraw the land from the provisions of that chapter. Plaintiffs therefore seek endorsement of the court approving the withdrawal, under § 52 of that chapter, as amended by chapter 413 of the acts of 2000. Plaintiffs submit with this complaint their executed Notice of Voluntary Withdrawal. The land to be withdrawn is described on Certificate of Title No._________, in Book ______, at Page ______, Registry District of County and is issued from the as follows: shown on Land Court Plan No. __ all the land described in the certificate of title __ part of the land described in the certificate of title, namely: . Plaintiffs seek withdrawal under the following clause in the fourth paragraph of § 52: __ (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. __ (b) The registered land consists of less than 10 per cent of the portion of the land area to which an 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. __ (c) The owners of the registered land have submitted the land to the provisions of chapter 183A or 183B or have created interests in the land to which chapter 183B is applicable pursuant to section 3 of chapter 760 of the acts of 1987. __ (d) Other good cause for withdrawal, as follows: _________________________________ ______________________________________________________________________ NOTEPROOF OF PLAINTIFFS' ENTITLEMENT TO WITHDRAW LAND FROM THE REGISTRATION SYSTEM UNDER CLAUSES (a)-(c), INCLUSIVE, MUST ACCOMPANY THE COMPLAINT AND BE INCORPORATED THEREIN. IF PLAINTIFFS ARE FILING UNDER CLAUSE (d), THEY SHOULD SET FORTH WITH SPECIFICITY WITHIN THE COMPLAINT THE NATURE OF THE GOOD CAUSE FOR WITHDRAWAL. FROM THE OFFICE OF: Signed under the pains and penalties of perjury, __________________________________________ (Signatures of owners or their attorney)

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