The right of co-tenants to petition for the partition of real estate goes back almost five hundred years to the reign of Henry VIII. While most patrons approaching the reference desk at a Trial Court Law Library are not at all interested in the history of the petition, they are in need of information concerning Massachusetts law and procedure.
Partition actions in Massachusetts are governed by Massachusetts General Laws Chapter 241. Most practitioners are aware of the statute; however, procedure is almost always the reason that brings them to the library. The most detailed Massachusetts specific source to aid them is found in chapter 16 of the Massachusetts Practice Series Methods of Practice 4th edition. An explanation of law and procedure is provided, along with all forms necessary. The title is available at all Trial Court Law Libraries. Another Massachusetts specific source that practitioners will find helpful is the "Partition of Land" article posted in Real Estate Law on Monday, September 17, 2012. The treatment of the statute by Jeffrey Angley of Jeffrey T. Angley, P.C. is presented in terms that both attorneys and the self represented litigant would find informative and understandable.
A much more comprehensive treatment of the subject can be found in the article, "Partition of Property", 130 Am. Jur. Trials 95, by David L. Ganz, J.D. For availability of the title, check the Trial Court Law Libraries online catalog.
