Section 16. The land court shall have jurisdiction upon a petition to register land, or if land has been previously registered, upon a supplemental petition by the owner thereof, to hear and determine the question whether or not equitable restrictions arising under contracts, deeds or other instruments limiting or restraining the use or the manner of using land are enforceable in whole or in part.

Terms Used In Massachusetts General Laws ch. 240 sec. 16

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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