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Massachusetts Agencies

Selectmen: Powers

Municipal Power

G.L.c 40, §3A provides:

Any recordable instrument purporting to affect an interest in real estate, title to which is held by a . . . town . . ., executed in the name of the town by its selectmen . . . shall be binding on the . . . town . . . in favor of a purchaser or other person relying in good faith[1] on such instrument notwithstanding inconsistent provisions of general or special law, the . . . town charter, by-laws, resolutions or votes.

G.L.c. 40, §15 authorizes the town fathers to dispose of property, easements and rights which have been abandoned and are no longer needed for public purposes.

1 As long as there are no inconsistent town meeting votes, which the parties are aware of, a purchaser would be deemed as acting in good faith.