Massachusetts
Massachusetts Squatters Rights and Adverse Possession Laws (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
In Massachusetts, a squatter must occupy property continuously for 20 years before gaining any legal claim under . Property owners who discover an unlawful occupant can remove that person through a summary process action filed in Housing Court or District Court under Mass. Gen. Laws ch. 239.
Information last verified on May 27, 2026. This article provides general legal information, not legal advice.
Jurisdiction scope: This article covers squatters rights and adverse possession law in Massachusetts. For a comparison of all 50 states, see the national squatters rights guide.
Adverse Possession in Massachusetts: Period and Elements
Massachusetts applies a single, uniform 20-year adverse possession period under . The statute of limitations runs against the true owner's right to bring an action to recover land. Once 20 years pass without the owner asserting that right, the occupant may petition a court to quiet title in their favor.
Unlike many states, Massachusetts provides no shorter period for claimants who hold color of title (a defective deed or other written instrument). The same 20-year clock applies regardless of whether the occupant has paperwork. Massachusetts also imposes no requirement that the occupant pay property taxes during the occupation period.
To succeed on an adverse possession claim in Massachusetts, the occupant must prove that their possession was:
- Actual. The occupant must physically use the land in a manner consistent with its nature, such as maintaining a yard, making improvements, or farming.
- Open and notorious. The use must be visible and obvious, giving a reasonable owner notice that someone is claiming the land.
- Exclusive. The occupant must control the property without sharing possession with the general public or the true owner.
- Continuous. Possession must be uninterrupted for the full 20-year period. Tacking (adding together the periods of successive occupants in privity with one another) is permitted under Massachusetts case law. Ottavia v. Savarese, 338 Mass. 330, 155 N.E.2d 432 (1959).
- Hostile (under claim of right). The occupant must possess the land without the owner's permission and with the intent to claim it as their own. Kershaw v. Zecchini, 342 Mass. 318, 173 N.E.2d 624 (1961).
Massachusetts courts have consistently applied these elements. The burden of proof rests on the adverse claimant to establish each element by clear proof. Mendonca v. Cities Service Oil Co., 354 Mass. 323, 237 N.E.2d 16 (1968).
The Registered-Land Exception
One of the most significant features of Massachusetts adverse possession law is the registered-land exception. Under the Land Court Registration Act, Mass. Gen. Laws ch. 185, title to land registered in the Land Court system is conclusive and indefeasible. Adverse possession cannot run against registered land. A certificate of title issued by the Land Court constitutes absolute proof of ownership, and no prescriptive or adverse claim can defeat it.
Property owners who have registered their land through the Land Court therefore enjoy complete immunity from adverse possession claims, regardless of how long an occupant has been present. Owners of unregistered (recorded) land do not have this protection and remain subject to the 20-year rule.
The Nonprofit Land Conservation Exception
Mass. Gen. Laws ch. 260, § 21 also excepts nonprofit land conservation corporations and trusts. The 20-year bar does not apply to an action brought by or on behalf of a nonprofit land conservation entity to recover land or interests in land held for conservation, parks, recreation, water protection, or wildlife protection purposes. This exception preserves the ability of conservation organizations to protect permanently restricted open land from adverse possession claims.
How to Remove a Squatter in Massachusetts
A squatter who has not yet satisfied the 20-year adverse possession period holds no legal title and no legal right to remain on the property. Massachusetts law, however, generally requires a property owner to obtain a court order before physically removing an occupant. Self-help eviction (changing locks, removing belongings, or shutting off utilities to force someone out) is illegal under Massachusetts law and can expose the owner to civil liability.
Step 1: Do Not Use Self-Help
Massachusetts law prohibits landlords and property owners from removing occupants by force or without legal process. Even a squatter with no tenancy agreement is entitled to court process before removal.
Step 2: File a Summary Process Complaint
The primary legal mechanism for removing a squatter in Massachusetts is a summary process action under Mass. Gen. Laws ch. 239. The property owner (plaintiff) files a complaint in Housing Court or District Court for the county where the property is located. The complaint must identify the property and state the grounds for removal.
For a squatter who never had any tenancy, the grounds are unlawful detainer: the occupant is on the property without right or title.
Step 3: Serve the Occupant
Once the complaint is filed, the court issues a summons. The summons and complaint must be served on the occupant at least seven days before the hearing date under ch. 239. Service is typically made by a deputy sheriff or constable.
Step 4: Attend the Hearing
The case is heard on a short schedule. If the occupant does not appear or cannot establish a legal right to remain, the court enters judgment for the property owner. If the occupant raises an adverse possession defense, the court will evaluate whether the 20-year period has been satisfied.
Step 5: Obtain and Execute the Execution
After judgment enters in the owner's favor, the court issues an execution. The owner must wait 10 days after judgment before the execution can issue (unless the court waives the stay). A deputy sheriff or constable then carries out the removal, which may include a lockout and supervised removal of the occupant's belongings.
No Expedited Removal Law
As of May 2026, Massachusetts has not enacted a dedicated expedited squatter-removal statute. Several states enacted such laws in 2024, but the Massachusetts Legislature passed no comparable measure in 2024 or 2025. Summary process under ch. 239 remains the sole civil pathway for removal, and it typically resolves within a few weeks of filing if the occupant does not contest the action.
Involving Law Enforcement
If a squatter is a clear trespasser who entered the property by breaking in and has been present for a very short time, the property owner may contact local police and ask whether a criminal trespass complaint is appropriate under . Police discretion varies, and law enforcement may still defer to the civil summary process route if there is any ambiguity about the occupant's status.
Legal Disclaimer: This article provides general legal information about Massachusetts squatters rights and adverse possession law. It is not legal advice and does not create an attorney-client relationship. Massachusetts real estate and landlord-tenant law can be complex, and outcomes depend on the specific facts of each situation. Consult a licensed Massachusetts real estate attorney or visit MassLegalHelp (masslegalhelp.org) for guidance on your specific circumstances.
For a state-by-state comparison, see the national squatters rights guide.
Page last reviewed: May 27, 2026. Massachusetts law; not valid in other states.
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Frequently Asked Questions
How long does a squatter have to be on property to claim rights in Massachusetts?
A squatter must maintain actual, open, notorious, exclusive, continuous, and hostile possession for 20 uninterrupted years before they can claim adverse possession under Mass. Gen. Laws ch. 260, § 21. There is no shorter period based on color of title or tax payments.
Can a squatter claim adverse possession on Land Court registered property in Massachusetts?
No. Title to land registered in the Massachusetts Land Court system under ch. 185 is indefeasible, and adverse possession cannot run against it. Only unregistered (recorded) land is subject to the 20-year adverse possession rule.
Does paying property taxes help a squatter's claim in Massachusetts?
No. Massachusetts law does not require an adverse possessor to pay property taxes, and paying taxes does not shorten the 20-year period or strengthen a claim on its own. The standard five-element test applies regardless of tax payments.
How do I remove a squatter from my Massachusetts property?
File a summary process complaint in Housing Court or District Court under Mass. Gen. Laws ch. 239. After the occupant is served and a hearing is held, a judge can enter judgment for the owner. A deputy sheriff then carries out the removal with an execution issued by the court. Self-help removal is illegal.
Did Massachusetts pass a new squatter removal law in 2024 or 2025?
No. The Massachusetts Legislature did not enact an expedited squatter-removal statute in 2024 or 2025. Summary process under ch. 239 remains the established removal procedure as of May 2026.
Can I call the police to remove a squatter in Massachusetts?
Possibly, if the squatter clearly broke in and has been present only briefly, a criminal trespass complaint under Mass. Gen. Laws ch. 266, § 120 may be an option. However, police often defer to the civil summary process route when there is any dispute about the occupant's status, making a ch. 239 court action the more reliable path.
What is the difference between a squatter and a trespasser in Massachusetts?
A trespasser enters without permission and without any claim to the property. A squatter is a type of trespasser who occupies the property openly and continuously, sometimes for years, potentially building toward an adverse possession claim. Both can be removed through summary process under ch. 239, but only a squatter who completes 20 years of qualifying possession can claim title.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on 2 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Massachusetts General Laws, Chapter 260
§ 21Recovery of landIn force
Section 21. An action for the recovery of land shall be commenced, or an entry made thereon, only within twenty years after the right of action or of entry first accrued, or within twenty years after the demandant or the person making the entry, or those under whom they claim, have been seized or possessed of the premises; provided, however, that this section shall not bar an action by or on behalf of a nonprofit land conservation corporation or trust for the recovery of land or interests in land held for conservation, parks, recreation, water protection or wildlife protection purposes.
Official text (excerpt) · as of 2026-07-29 · Read the full section at malegislature.gov
Cited in 44 court opinionsMost recently applied by a court: 2023
Leading cases: Beaconsfield Towne House Condominium Trust v. Zussman (Massachusetts Supreme Judicial Court 1988, 401 Mass. 480) · Hendrickson v. Sears (Massachusetts Supreme Judicial Court 1974, 365 Mass. 83) · Kendall v. Selvaggio (Massachusetts Supreme Judicial Court 1992, 413 Mass. 619)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Massachusetts General Laws, Chapter 266
§ 120Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants exceptedIn force
Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.
Official text (excerpt) · as of 2026-07-29 · Read the full section at malegislature.gov
Cited in 81 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth v. Hood (Massachusetts Supreme Judicial Court 1983, 389 Mass. 581) · Commonwealth v. Noffke (Massachusetts Supreme Judicial Court 1978, 376 Mass. 127) · Lazlo L. v. Commonwealth (Massachusetts Supreme Judicial Court 2019, 482 Mass. 325)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Massachusetts General Laws, Chapter 239 § 1 (Persons entitled to summary process) · Massachusetts General Laws, Chapter 185 § 1 (Jurisdiction; place of sittings; rules and forms of procedure)
Related law for further reading — not part of this article’s citations.
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Sources and References
- Mass. Gen. Laws ch. 260, § 21 - Adverse Possession(malegislature.gov)
- Mass. Gen. Laws ch. 239 - Summary Process(malegislature.gov)
- Mass. Gen. Laws ch. 185 - Land Court Registration Act(malegislature.gov)
- Mass. Gen. Laws ch. 266, § 120 - Criminal Trespass(malegislature.gov)
- Ottavia v. Savarese, 338 Mass. 330, 155 N.E.2d 432 (1959)(courtlistener.com)
- Kershaw v. Zecchini, 342 Mass. 318, 173 N.E.2d 624 (1961)(courtlistener.com)
- Mendonca v. Cities Service Oil Co., 354 Mass. 323, 237 N.E.2d 16 (1968)(courtlistener.com)