Contents
Overview
Sources
Mass. Gen. Laws ch. 254, §§ 1 et seq.
Authorized Claimants
A person to whom a debt is due for personal labor performed in the erection, alteration, repair or removal of a building or structure upon land or improvement or alteration to real property, by virtue of an agreement with, or by consent of, the owner of such building or structure shall, under the provisions of this chapter have a lien upon such building or structure and upon such interest in such real property, land, building, structure, or improvement owned by the party authorizing or consenting to said work (MA Gen. laws Title IV, Chap. 254, Section 1)
Lien Priority
No lien under section four shall avail against a mortgage actually existing and duly registered or recorded to the extent of the amount actually advanced or unconditionally committed prior to the filing or recording in the registry of deeds of the notice required by section four.MA Gen. Laws, Title IV, Section 7(c))
Notices and Registries
Filing Deadlines
A lien upon land for the erection, alteration, repair or removal of a building or other structure or other improvement of real property or for professional services relating thereto shall be enforced by a civil action brought in the superior court for the county where such land lies or in the district court in the judicial district where such land lies...and (a)n attested copy of the complaint, which shall contain a brief description of the property sufficient to identify it, and a statement of the amount due, shall be filed in the registry of deeds and recorded as provided in section nine within thirty days of the commencement of the action, or such lien shall be dissolved. (MA Gen. Laws, Title IV, Chapter 254, Section 5)
Enforcement Deadlines
The lien shall be dissolved unless a civil action to enforce it is commenced within ninety days after the filing of the statement required by section eight. (MA Gem. Laws, Title IV, Section 11)
