RulesofCivilProcedure.com Civil Procedure · Every State

Rule 70.Judgment for Specific Acts: Vesting Title

Effective July 1, 1974 · Last verified June 26, 2026

In one sentenceRule 70 backs up a judgment ordering specific acts—if a party won't execute a conveyance or perform an act, the court can have it done by someone else, vest title directly, or hold the party in contempt.

Full Text of Rule 70

Text size

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the Commonwealth, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk.
End

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.

Source & verification. Rule text, Rule History, and Reporter’s Notes reproduced verbatim from the Massachusetts Rules of Civil Procedure as published by the Massachusetts Trial Court Law Libraries. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified June 26, 2026. · Official text
Also known as: judgment for specific actsvesting titleconveyance by the courtspecific performance enforcement