Squatters Rights in Massachusetts and Adverse Possession Law (2024)

With laws about squatters rights varying from state to state (and sometimes drastically so), landlords are often left wondering what their rights are when dealing with unwanted occupants. Because squatters can pose significant financial, legal, and emotional challenges, landlords should be aware of the laws that govern squatters rights in Massachusetts.

Under certain conditions, squatters can legally claim property ownership through what’s known as adverse possession. Understanding this and other concepts is crucial for landlords looking to protect their investments. In the following article, we’ll review the fundamentals of Massachusetts landlord-tenant laws, squatters rights, and adverse possession laws, helping property owners navigate the law with ease.

Equip yourself with the facts you need to know about Massachusetts squatters rights, and continue reading.

Trespassers vs. Squatters

When we talk about squatting, it’s important to note that it is defined differently than trespassing.

Trespassing is the illegal entry of an individual onto private property. Whether they intentionally or accidentally enter a property, trespassers do not typically intend to stay for very long.

Squatting, on the other hand, involves individuals who “settle” or stay on a property for an extended period. Because squatters may take steps to establish residence, up to and including paying for utilities and receiving mail, their expulsion often proves much more complicated than in the case of trespassers. In fact, squatters might require a formal eviction process for landlords to remove them.

Massachusetts law reflects this difference in how it addresses a landlord’s grievances. Whereas trespassing is a criminal offense subject to immediate police intervention, squatting is considered a civil matter that must be resolved through the court system.

In short, landlords must do all that they can to handle trespassers before they become squatters.

Legality of Squatting in Massachusetts

While squatting is technically not a criminal act in Massachusetts, its legality exists in somewhat of a gray area, considering that a squatter may accumulate rights over time, depending on the length of their “stay” at a property.

Landlords who fail to address squatting early may face significant legal complications. Squatters rights in Massachusetts allow courts to grant certain privileges, such as a formalized eviction process, if the occupation is long enough.

That said, trespassing is still a criminal act. If you spot a trespasser on your property, notify local law enforcement immediately.

Squatters Rights and Adverse Possession Laws in Massachusetts

Adverse possession is a legal doctrine that allows someone to claim ownership of land if they have occupied it openly and continuously for a certain period. Squatters rights in Massachusetts enable individuals to claim property rights through adverse possession, though the process is far from straightforward and requires meeting specific legal criteria.

Each state has its own adverse possession laws, and the Commonwealth of Massachusetts is no exception. Understanding these laws is essential for landlords to prevent the temporary loss of property to a squatter. Or, worse yet, the loss of a property or good through a successful adverse possession claim.

How Massachusetts Squatters Can Legally Claim Property Through Adverse Possession

According to Massachusetts general law, legitimate adverse possession claims necessitate that an individual has maintained continuous possession of a property for at least twenty years (excluding land held for conservation, recreation, and other related purposes).

The following conditions must be met for an adverse possession claim to be met.

1. The claim must be actual: That means that the squatter must actually occupy the property and use it as an owner would.
2. Occupation must be continuous: The squatter must occupy the property as if it were their own without interruption.
3. Occupation must be exclusive: The squatter must be the sole occupant. They cannot share the property with any other individual.
4. Occupation must be adverse or hostile: The squatter’s stay must be unauthorized and go against the interests of the rightful owner(s).
5. Occupation must be open and notorious: The occupation of the property must be obvious enough for the owner and anyone else to see.

In addition to these conditions, a squatter must fulfill specific temporal requirements to make a successful adverse possession claim. Those include:

• 20 years of occupancy: Above all else, a squatter must occupy a property for 20 years for a successful claim.
• Court process: Filing and litigating the claim can take several months to a few years, depending on the case’s complexity and whether a property owner decides to contest it.
• Potential delays: As with other kinds of court cases, the litigation process can be prolonged by appeals, which could add additional months or even years to the case, depending on the specifics.

Massachusetts landlords might be relieved to learn that adverse possession claims are difficult to fulfill and easily avoidable if they monitor unoccupied properties closely.

Landlord Rights & Responsibilities

Massachusetts landlords have clearly defined rights and responsibilities regarding squatters. Legally, landlords must follow proper eviction procedures, even if the occupant is a squatter.

That means they must:

• Issue a formal notice: Landlords must provide squatters with a written notice to vacate the property.
• File an eviction lawsuit: If the squatter refuses to leave, the landlord must file an eviction suit in court.
• Obtain a court order: Only after a landlord obtains a court order can they legally remove the squatter with the help of law enforcement.

Squatters Rights & Responsibilities

The law clearly defines squatters rights in Massachusetts. Once a squatter establishes residency, it becomes more difficult to remove them. Nevertheless, squatters are still accountable to the law, and failing to abide by it can lead to swift removal or even criminal charges.

How to Evict Squatters in Massachusetts

Evicting a squatter in Massachusetts follows the same legal course of action as any other summary process eviction and includes the following steps:

1. A property owner must serve the squatter a legal document called a notice to quit and wait until the notice period ends.
2. The property owner must then file a summons and complaint document in either a district or housing court that a sheriff or constable will serve to the squatter.
3. After receiving notice of the court date, the squatter must attend court, during which time the property owner must present their case to the judge.
4. If the judge rules in favor of the property owner, they will issue an execution, a court order that allows the property owner to proceed with eviction.
5. The property owner must hire a sheriff or constable to deliver a two-day notice to the squatter before removing the squatter and their belongings from the property.

Because the process can be lengthy, landlords might want to consider a “cash for keys” agreement as an alternative. Landlords can expedite the process and avoid court involvement by providing a financial incentive to the squatter in exchange for voluntarily departing. However, negotiation and a written agreement will be required to ensure compliance. TurboTenant provides these forms in its Forms Pack.

That said, it is illegal for landlords in Massachusetts to perform what are called “self-help evictions,” in which landlords attempt to evict squatters on their own terms without the backing of a court order. Taking the law into one’s own hands as such will most likely result in easily avoidable legal repercussions.

Legal Help for Landlords in Massachusetts

Massachusetts landlords dealing with squatters have a few online resources available at their disposal, including the following:

• Massachusetts Legal Help provides comprehensive information on landlord-tenant laws and eviction processes.
• Massachusetts Bar Association offers referrals to experienced attorneys who specialize in landlord-tenant disputes.
• Nolo’s Legal Guide provides resources tailored to address Massachusetts property laws.
• EZ Evict USA can help you manage even the thorniest of evictions step by step.

Preventing Future Squatter Situations

Landlords who wish to prevent squatters from occupying their property in the first place should consider performing at least some, if not all, of the following tips:

• Regularly inspect the property: Landlords must check their properties as often as possible, especially if they are unoccupied.
• Secure all points of entry: Since squatters have been known to break through barriers such as doors and windows, landlords should ensure that all possible ingresses are at least locked if not heavily secured.
• Establish a presence: Maintain a neat landscape, prevent newspapers and mail from piling up, and perform other upkeep to lend your unoccupied property the sense that you’re always nearby, helping to repel individuals looking to squat.

How Property Management Software Can Help

Although this article and other resources may prove helpful to landlords, property management software like TurboTenant is an invaluable tool to prevent squatting.

TurboTenant helps prevent squatters in the following ways:

• Rental advertising helps you reach potential tenants quickly and fill vacancies faster by blasting your listing to dozens of listing sites. 
• Our legally binding lease generation tool tailors agreements to comply with Massachusetts landlord-tenant laws in as little as 10 minutes.
• A simplified rental application platform helps you easily collect and sort through applications.
• Our sophisticated tenant screening applications allow you to thoroughly vet potential tenants and match them with the right renters, avoiding potential issues down the line.

These and other features can significantly help landlords manage their properties effectively, reducing the chances of unwanted occupants claiming squatters rights in Massachusetts.

Sign up for a free TurboTenant account today, and let us handle the heavy lifting of managing your rental properties.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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