PROPRIETORS OF WHARVES, REAL ESTATE LYING IN COMMON, AND GENERAL FIELDS

M.G.L. pt. Part I, tit. Title XXII, ch. c. 179

in effect

M.G.L. c. 179, § 1 Issuance of warrant for meeting upon application of proprietors of lands, wharves or other real estate held in common to organize as corporation

c. 179, § 1. Issuance of warrant for meeting upon application of proprietors of lands, wharves or other real estate held in common to organize as corporation Section 1. Upon written application of five or more proprietors of lands, wharves or other real estate held in common to a justice of the peace, stating that they intend to organize themselves as a corporation, he shall issue his warrant to one of the applicants, directing him to call a meeting of all the proprietors and expressing in the warrant the time, place, occasion and purpose of the meeting.

M.G.L. c. 179, § 2 Notice of organizational meeting

c. 179, § 2. Notice of organizational meeting Section 2. The meeting shall be called by posting a notice containing the substance of the warrant, signed by the person to whom the warrant is directed, fourteen days at least before the meeting, in one or more public places in the town, and by publishing it in a newspaper, if any, published in the county where the estate lies; otherwise, in a newspaper published in an adjoining county.

M.G.L. c. 179, § 3 Formation of corporation; selection of officers; certification of organization

c. 179, § 3. Formation of corporation; selection of officers; certification of organization Section 3. At such meeting, by vote of a majority in number and interest of all of the proprietors, they may organize themselves as a corporation under this chapter; and they may thereupon choose a clerk, treasurer, collector and such committees and other officers as they deem necessary for the management of their affairs, and may agree upon and direct the manner of calling future meetings. Each officer chosen shall hold his office until his successor is qualified. The clerk, treasurer and collector shall forthwith make, sign and swear to a certificate setting forth the name of the corporation, its purpose, the town and county where it is located, the date of the meeting for organization and any adjournments thereof, and any other facts of importance contained in the proceedings of organization. The certificate and the record of the meeting, including any by-laws, shall be submitted to the state secretary, who shall examine them and who may require such amendments thereof or such additional information as he deems necessary. If he finds that the provisions of law relative to the organization of the corporation have been complied with, he shall endorse his approval on the certificate. The certificate shall, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, be filed in the office of the state secretary; otherwise, the organization shall be void.

M.G.L. c. 179, § 4 Duties of clerk

c. 179, § 4. Duties of clerk Section 4. The clerk shall be sworn, and shall record all votes, orders and proceedings of the proprietors in books which he shall keep for that purpose until they are delivered to the town clerk as hereinafter provided.

M.G.L. c. 179, § 5 Duties of treasurer

c. 179, § 5. Duties of treasurer Section 5. The treasurer shall demand and receive all money due or belonging to the proprietors, shall sue for and recover in his own name to their use all fines and penalties incurred under sections seven and eight, shall pay out all money in his hands according to the order of the proprietors and shall, from time to time when required, render his accounts thereof.

M.G.L. c. 179, § 6 Actions by and against corporations

c. 179, § 6. Actions by and against corporations Section 6. Such proprietors may sue and be sued as a body corporate; and an action brought by the corporation for trespass on the common property may be pleaded in abatement or answered in bar of an action for the same trespass brought by any of the proprietors in his individual capacity.

M.G.L. c. 179, § 7 By-laws; annexation of penalties

c. 179, § 7. By-laws; annexation of penalties Section 7. They may make by-laws consistent with law for the orderly conducting of their business, with penalties for the breach thereof not exceeding three dollars for each offence; but by-laws with penalties annexed shall be approved by the county commissioners for the county where the estate lies.

M.G.L. c. 179, § 8 Power of moderator

c. 179, § 8. Power of moderator Section 8. The moderator of a meeting of the proprietors shall have the same power as the moderator of a town meeting, except the power of confining a person or causing him to be removed from the meeting. Whoever resists or disobeys his orders shall be subject to the pecuniary penalties provided for the like offences at a town meeting.

M.G.L. c. 179, § 9 Powers of proprietors at legal meeting

c. 179, § 9. Powers of proprietors at legal meeting Section 9. The proprietors may, at a legal meeting, exercise any of the powers granted to them in this chapter; but no business shall be acted on unless set forth in the notice for the meeting.

M.G.L. c. 179, § 10 Voting rights

c. 179, § 10. Voting rights Section 10. Each proprietor may vote according to the number of his shares or the amount of his interest, if known; and if not known, the proprietors shall vote equally. Absent proprietors may vote by written proxy.

M.G.L. c. 179, § 11 Conduct of business

c. 179, § 11. Conduct of business Section 11. The proprietors may by vote adopt such measures and levy such assessments in proportion to their respective rights and interests in the property as they deem proper for managing, improving or dividing their common property and carrying on their business.

M.G.L. c. 179, § 12 Failure of proprietor to pay assessment

c. 179, § 12. Failure of proprietor to pay assessment Section 12. If a proprietor fails to pay an assessment for six months after demand therefor by the collector or other proper officer, or after a notice of such assessment posted and published in the manner prescribed for the first meeting, the committee of the proprietors or other officers authorized by them for that purpose may sell by public auction and give to the purchaser a deed of so much of the right or share of such proprietor as is sufficient to pay the amount so due from him and all the reasonable charges of the sale, first giving thirty days' notice of the time and place appointed for such sale in the manner prescribed for notifying the first meeting.

M.G.L. c. 179, § 13 Redemption of shares

c. 179, § 13. Redemption of shares Section 13. The proprietor of the share or part sold may, within one year after the sale, redeem it by paying to the purchaser or his assigns the purchase price with interest at the rate of twelve per cent a year from the time of the sale.

M.G.L. c. 179, § 14 Sale by proprietors

c. 179, § 14. Sale by proprietors Section 14. If there are ten or more proprietors, they may, by vote of more than two thirds both in number and interest at a legal meeting, sell their estate and divide the proceeds thereof.

M.G.L. c. 179, § 15 Division of property; deposit of records; fees

c. 179, § 15. Division of property; deposit of records; fees Section 15. After the final division of their common property, the proprietors may deposit their records with the clerk of the city or town where the land or any part of it lies; and the clerk may make and certify copies from the records as the clerk of the proprietors might have done. Such proprietors shall, upon so depositing their records, pay the fee provided by clause (27) of section thirty-four of chapter two hundred and sixty-two, and the fees for copies of said records shall be as provided by clause (28) of said section thirty-four.

M.G.L. c. 179, § 16 Termination of corporation

c. 179, § 16. Termination of corporation Section 16. A final division of the common property shall not dissolve the corporation until the expiration of ten years thereafter; but the proprietors at the time of the division and their heirs shall retain their corporate powers for the purpose of collecting all assessments, debts and effects due or belonging to the corporation, and shall be liable for its debts.

M.G.L. c. 179, § 17 Powers after disposal of property

c. 179, § 17. Powers after disposal of property Section 17. The proprietors may, within ten years after such division, call and hold meetings and vote and raise money by assessments, as before provided, for the payment of their debts and all other charges and demands against them, and may do all other lawful acts necessary for closing their business.

M.G.L. c. 179, § 18 Management of distinct lots or parcels of land enclosed and fenced in one common field

c. 179, § 18. Management of distinct lots or parcels of land enclosed and fenced in one common field Section 18. If several distinct lots or parcels of land are enclosed and fenced in one common field, or if all the proprietors of such lands agree so to enclose them, the proprietors, if not less than five, may, in the manner hereinafter provided, hold regular meetings for the purpose of managing their common concerns.

M.G.L. c. 179, § 19 Issuance of warrant for meeting upon application of proprietors of land comprising common field

c. 179, § 19. Issuance of warrant for meeting upon application of proprietors of land comprising common field Section 19. On application of two or more proprietors to a justice of the peace, he shall issue his warrant for a meeting, as provided in section one, which shall be called either in the manner prescribed in section two or by personal notice served on each proprietor fourteen days at least before the time appointed for the meeting. Each proprietor may vote according to the relative amount or value of his interest, if known; otherwise, in accordance with section ten.

M.G.L. c. 179, § 20 Officers

c. 179, § 20. Officers Section 20. The proprietors may from time to time choose a clerk, three or more assessors, a collector and such other officers as they find to be necessary; each of whom shall continue in office until removed by the proprietors or until his successor is qualified. The clerk and assessors shall be sworn.

M.G.L. c. 179, § 21 Field drivers; selection; powers

c. 179, § 21. Field drivers; selection; powers Section 21. They may choose one or more field drivers, who shall have and exercise the same powers with respect to the general fields as field drivers chosen by a town.

M.G.L. c. 179, § 22 Rules as to pasturing

c. 179, § 22. Rules as to pasturing Section 22. They may adopt such rules as to pasturing the land and as to other matters in which they have a common interest as they consider just and equitable and most for the general good; but in all other respects each proprietor may manage and cultivate his land as he thinks best.

M.G.L. c. 179, § 23 Voting rights; land enclosed for one proprietor's exclusive benefit

c. 179, § 23. Voting rights; land enclosed for one proprietor's exclusive benefit Section 23. At meetings of proprietors for adopting rules or regulations as to pasturing, land of a proprietor enclosed for his exclusive benefit shall not be valued or reckoned in determining his right to vote on questions relative to pasturing his land.

M.G.L. c. 179, § 24 Trespass by a proprietor

c. 179, § 24. Trespass by a proprietor Section 24. If a proprietor puts horses, cattle or other beasts into the general field contrary to the regulations of the proprietors, either by putting in more than the number allowed him, or by putting them in before the day fixed therefor, or by keeping them therein longer than the time limited, he shall be considered a trespasser, and his beasts may be impounded as taken doing damage.

M.G.L. c. 179, § 25 Assessments upon proprietors

c. 179, § 25. Assessments upon proprietors Section 25. The proprietors may from time to time raise money for defraying their common charges and managing their affairs, which shall be assessed by the assessors upon the several proprietors in proportion to their respective interests; and a proprietor aggrieved by such assessment may apply for an abatement to the county commissioners, who shall hear and determine the case, and whose judgment thereon shall be final.

M.G.L. c. 179, § 26 Collection of assessments

c. 179, § 26. Collection of assessments Section 26. The clerk shall issue his warrant to the collector, requiring him to collect all amounts so assessed and to pay them over to the clerk or other proper officer according to the orders of the proprietors. The collector shall collect said amounts in the same manner as collectors of towns are authorized to collect town taxes.

M.G.L. c. 179, § 27 Remedy for injury to land caused by beasts of stranger

c. 179, § 27. Remedy for injury to land caused by beasts of stranger Section 27. A proprietor injured in his lands by the beasts of a stranger shall have the same remedy therefor as if his land had been enclosed and used separately.

M.G.L. c. 179, § 28 Apportionment of fence among proprietors

c. 179, § 28. Apportionment of fence among proprietors Section 28. The whole fence enclosing such general field shall, so far as found convenient, be apportioned among the proprietors according to the number of acres held and cultivated or otherwise used by each; and the part to be maintained by each proprietor shall be apportioned to him by two or more fence viewers, unless the proprietors agree on such apportionment. The proportion of fence of each proprietor shall be recorded in the books of the proprietors by the clerk, if any; otherwise, by the clerk of the town where the general field is situated.

M.G.L. c. 179, § 29 Non-use of land; liability for maintenance or assessment on fence

c. 179, § 29. Non-use of land; liability for maintenance or assessment on fence Section 29. A proprietor shall not, so long as he declines to cultivate his land or use it for pasturing, for the growth of wood or otherwise, be required to maintain any part of the fence or to pay any assessment on account of his land.

M.G.L. c. 179, § 30 Expenses of apportionment and maintenance

c. 179, § 30. Expenses of apportionment and maintenance Section 30. The expense of apportioning the fence and also of making and maintaining such part thereof as cannot be conveniently and justly apportioned to any one proprietor shall be borne by all the proprietors liable to be assessed in proportion to their respective interests; and the part apportioned to each proprietor shall be made and maintained by him so long as he uses his part of the general field for pasturing, planting, mowing or otherwise.

M.G.L. c. 179, § 31 Repair of fence by other proprietor

c. 179, § 31. Repair of fence by other proprietor Section 31. If the part of the fence apportioned to a proprietor becomes deficient and he does not repair it within three days after notice of such deficiency has been given to him by a fence viewer of the town, it may be repaired by any other proprietor. Two or more fence viewers may examine such repairs, and, if they adjudge them sufficient, may ascertain and determine the cost of the same and make a signed statement thereof and of the amount of their fees.

M.G.L. c. 179, § 32 Recovery of cost of repairs; double damages

c. 179, § 32. Recovery of cost of repairs; double damages Section 32. The person making such repairs may demand of the proprietor bound to make them, or of the tenant holding under him, double the cost of the repairs and of the fees of the fence viewers so ascertained; and if they are not paid within one month after notice and demand, he may recover them in tort.

M.G.L. c. 179, § 33 Emergency repair of fence; recovery of cost of repairs

c. 179, § 33. Emergency repair of fence; recovery of cost of repairs Section 33. If a part of the fence is suddenly blown down or carried away by a flood or tempest at a time when the crops of grain or grass in the field are thereby exposed to immediate destruction or injury, the proprietor to whom such part of the fence was assigned shall repair it within twenty-four hours after notice thereof given to him by a fence viewer; and if he fails so to do, the fence may be repaired by any other proprietor, who may recover double the cost of the repairs and fees, as provided in the preceding section.

M.G.L. c. 179, § 34 Enclosure by proprietor of own land; effect on common field

c. 179, § 34. Enclosure by proprietor of own land; effect on common field Section 34. A proprietor may enclose his land at his own expense; and, so long as he keeps it enclosed with a sufficient fence, may cultivate and use it as he thinks fit; and during such period, so far as such enclosed land is concerned, he shall neither be assessed for any expenses incident to the common field nor exercise any control over the portion thereof not enclosed.

M.G.L. c. 179, § 35 Maintenance of boundaries within general field; violation

c. 179, § 35. Maintenance of boundaries within general field; violation Section 35. Every proprietor of land lying unfenced in a general field shall once in every two years, if requested by the owner of the adjoining land, run lines with such owner between their lots and make and keep up the boundaries between them by sufficient bound stones, at their joint expense. If he fails so to do after seven days' notice by the adjoining owner, he shall forfeit two dollars to the use of such adjoining owner.

M.G.L. c. 179, § 36 Jurisdiction of superior court; order to fence

c. 179, § 36. Jurisdiction of superior court; order to fence Section 36. If it is for the interest of the proprietors of five or more parcels of land to enclose them in one common field, the superior court for the county where the land or any part of it lies may, upon the application of a majority in interest of the proprietors, after notice to all other persons interested and a hearing, order it to be so enclosed, if it appears to be for the common benefit of the parties.

M.G.L. c. 179, § 37 Fields established by court order; management

c. 179, § 37. Fields established by court order; management Section 37. After a common or general field is so established by an order of the court, the further proceedings in relation thereto shall be the same as are provided when a field is so enclosed by the consent of the proprietors; and the proprietors shall be entitled to the privileges and be subject to the duties before provided in this chapter relative to the proprietors of fields enclosed by consent.

M.G.L. c. 179, § 38 Division of general field; petition; committee to make division

c. 179, § 38. Division of general field; petition; committee to make division Section 38. Three or more proprietors of lots in a general field lying within one general fence or enclosure may, by a written petition to the proprietors of such field at a meeting of said proprietors legally warned for the purpose, request to have their lots, either alone or jointly with any other lots in such field, divided from the remainder of the field in order to be enclosed by one common fence and occupied by them as an entire field separately from the other proprietors. If the majority of proprietors in interest present at such meeting withhold or refuse their assent to such division, the superior court may, upon like application, appoint five disinterested and suitable persons within the county where the general field is situated, to be a committee to make the division, if they deem it expedient, and to assign to each field its proportion of the partition fence which by reason of such division should be kept up and maintained by the proprietors of the said general fields respectively.

M.G.L. c. 179, § 39 Division of general field; court order

c. 179, § 39. Division of general field; court order Section 39. The committee shall, as soon as may be after their appointment, make return of their doings under their hands to the court; and after its acceptance by the court, the fields so divided shall be deemed separate general fields and the proprietors of the field set off, and the remaining proprietors of the original field, respectively, shall be distinct and separate proprietary bodies, having like powers and privileges and subject to like duties and liabilities as the proprietors of the original general field before the division; but no order for such division shall be made, and no such committee appointed, until the other proprietors have had notice of the petition for such division. Such notice shall be given by serving upon the clerk of the proprietors a copy of the petition at least thirty days before such order or appointment is made.

M.G.L. c. 179, § 40 Discontinuance of a common field

c. 179, § 40. Discontinuance of a common field Section 40. A majority in interest of the proprietors of a common field, whether established by consent or by order of court, may discontinue it at a legal meeting warned for the purpose; but the discontinuance shall not take effect until the expiration of six months after such vote.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter179Fetched: 10/20/2026