Rule 70.Judgment for Specific Acts: Vesting Title
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 70
Rule History
Effective Date July 1, 1974.
Reporter’s Notes
(1996)
With the merger of the District Court Rules into the Mass.R.Civ.P., minor differences which had existed between Mass.R.Civ.P. 70 and Dist./Mun.Cts.R.Civ.P. 70 have been eliminated. These differences related to judgments for specified types of equitable relief not within District Court jurisdiction. The elimination of these differences does not broaden District Court jurisdiction. See Rule 82.
(1973)
Rule 70, with a few minor changes, is the same as Federal Rule 70. Former Massachusetts practice with respect to enforcement of judgments for specific acts was generally less permissive, making no provision for alternative performance by a person appointed by the court.
G.L. c. 183, §§ 43, 44 operates identically to that portion of Rule 70 concerning the vesting of title to real property “in the party entitled thereto by the decree”. Rule 70 however applies also to personal property.
Rule 70 allows the application of what are essentially legal remedies to the enforcement of equitable decrees. The effect is to ensure swift performance of obligations established by the court.
Plain-English Summary
Rule 70 ensures a judgment for a specific act does not fail because the losing party refuses to comply. If a judgment directs a party to convey land, deliver documents, or perform another specific act and the party does not comply in time, the court may appoint someone else to do it at the disobedient party's cost—with the same effect as if the party had done it.
The court has additional tools: on the prevailing party's application the clerk issues a writ of attachment to compel obedience, the court may hold the party in contempt, and for property within the Commonwealth the court may enter a judgment divesting title from one party and vesting it in another, which operates as a conveyance. Where a judgment is for possession, the prevailing party may get a writ of execution.
Frequently Asked Questions
What if a party refuses to obey a judgment ordering a conveyance or other act?
The court may direct another person to perform the act at the disobedient party's cost (with the same effect as if the party had done it), issue a writ of attachment to compel obedience, or hold the party in contempt.
Can the court transfer title directly?
Yes. For real or personal property within the Commonwealth, the court may enter a judgment divesting a party's title and vesting it in another, and that judgment has the effect of a conveyance executed in due form of law.