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 Mass. Gen. Laws ch. 260, § 21. 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 Mass. Gen. Laws ch. 260, § 21. 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. A current occupant may add (tack) the period of possession of a predecessor in title who conveyed the land to them. Kershaw v. Zecchini, 342 Mass. 318, 320-321 (1961).
- Hostile (under claim of right). The occupant must use the land without the owner's permission and in a manner inconsistent with the owner's rights; the Supreme Judicial Court has said the possessor's uncommunicated state of mind is irrelevant where the acts themselves show an adverse holding. Ottavia v. Savarese, 338 Mass. 330, 333-334 (1959).
Massachusetts courts have consistently applied these elements. The burden of proof rests on the adverse claimant to establish each element, and if any element is left in doubt the claim fails. 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, § 53, no title to registered land can be acquired by prescription or adverse possession in derogation of the registered owner's title. A judgment of confirmation and registration is conclusive upon and against all persons under ch. 185, § 45, so a certificate of title issued by the Land Court establishes ownership that no prescriptive or adverse claim can defeat.
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 the Housing Court or in the District Court for the judicial district in which the land lies. Mass. Gen. Laws ch. 239, § 2 also allows the action to be brought in the Superior Court for the county where the land lies when the plaintiff seeks money damages and there is no reasonable likelihood that recovery will be $25,000 or less, but Housing Court or District Court is the usual venue in a squatter case. 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
In summary process the owner completes a Summary Process Summons and Complaint and has it served on the occupant before the case is entered with the court. The service deadline comes from the Uniform Summary Process Rules, not from ch. 239. Under Uniform Summary Process Rule 2(b), service must be made no later than the seventh day and no earlier than the thirtieth day before the Monday entry date, which is the date the action is filed with the court rather than the trial date. Under Rule 2(c), entry dates are each Monday and the case is then placed on the list for hearing on the second Thursday following the entry date. Service is typically made by a deputy sheriff or constable. Individual divisions operate under standing orders that can modify these steps, so confirm the current practice in the court where the case will be heard.
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. Under Mass. Gen. Laws ch. 239, § 5(a), an execution on a judgment rendered under section 3 cannot issue until 10 days after the entry of judgment. 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 Mass. Gen. Laws ch. 266, § 120. 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. Under Mass. Gen. Laws ch. 185, § 53, no title to registered land can be acquired by prescription or adverse possession in derogation of the registered owner's title. 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
Corrected how this page describes three Massachusetts adverse possession decisions: Kershaw v. Zecchini (tacking), Ottavia v. Savarese (hostility), and Mendonca v. Cities Service Oil Co. (burden of proof).
Corrected the summary process timeline: the seven-day service deadline comes from Uniform Summary Process Rule 2(b) and runs from the Monday entry date rather than the hearing date, the 10-day wait before an execution issues is cited to Mass. Gen. Laws ch. 239, § 5(a), the registered-land exception is now anchored to ch. 185, §§ 53 and 45, and the Superior Court venue option under ch. 239, § 2 was added.
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 the statutory provisions below, held in our own legal record and 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) · last checked 2026-09-08 · Read the full text in our law library · Verify at malegislature.gov
Cited in 44 court opinions in our collectionLatest citing opinion in our collection: 2023
In the courts (editorial summary, independently checked):Beaconsfield held that a condominium action to invalidate a parking-space lease was an action to recover land governed by § 21’s 20-year period. Kendall held that boundary mistake and permission were misapplied and remanded for a new trial on adverse possession.
Opinions citing this section in our collection:
- Beaconsfield Towne House Condominium Trust v. Zussman (Massachusetts Supreme Judicial Court 1988, 401 Mass. 480)✓A condominium sought to invalidate a long parking-space lease of common land; the court held § 21's 20-year land-recovery period governed and reversed summary judgment.
- Hendrickson v. Sears (Massachusetts Supreme Judicial Court 1974, 365 Mass. 83)“…rty years, well beyond the period involved here. See, e.g., G. L. c. 260, § 21; c. 184, § 27 (b), inserted by St. 1961…”
- Kendall v. Selvaggio (Massachusetts Supreme Judicial Court 1992, 413 Mass. 619)✓A misplaced fence enclosed neighboring land; the court addressed whether the defendants' use proved adverse possession and returned the dispute for proper factfinding.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Massachusetts General Laws, Chapter 185
§ 45Judgment of confirmation and registration; opening of judgment; remedies of aggrieved personsIn force
Section 45. If the court, after hearing, finds that the plaintiff has title proper for registration, a judgment of confirmation and registration shall be entered, which shall bind the land and quiet the title thereto, subject only to the exceptions stated in the following section. It shall be conclusive upon and against all persons, including the commonwealth, whether mentioned by name in the complaint, notice or citation, or included in the general description ''to all whom it may concern''. Such judgment shall not be opened by reason of the absence, infancy or other disability of any person affected thereby, nor by any proceeding at law or in equity for reversing judgments or decrees; subject, however, to the right of any person deprived of land, or of any estate or interest therein, by a judgment of registration obtained by fraud to file a complaint for review within one year after the entry of the judgment, provided no innocent purchaser for value has acquired an interest. If there is any such purchaser, the judgment of registration shall not be opened but shall remain in full force and effect forever, subject only to the right of appeal as provided by law from time to time.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Kozdras v. Land/Vest Properties, Inc. (Massachusetts Supreme Judicial Court 1980, 382 Mass. 34)“…ly, I do not believe that by its use of the word “fraud” in G. L. c. 185, § 45, and elsewhere in the Land Registration…”
- Christian v. Mooney (Massachusetts Supreme Judicial Court 1987, 400 Mass. 753)“…e in Bewkes’s name was not obtained by fraud and that under G. L. c. 185, § 45 (1984 ed.), a registration decree could…”
- Gifford v. Otis (Massachusetts Appeals Court 2007, 70 Mass. App. Ct. 211)“…the petitioner, judgment confirming title shall enter. See G. L. c. 185, § 45. This judgment is binding on the partie…”
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) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 81 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. Hood (Massachusetts Supreme Judicial Court 1983, 389 Mass. 581)“…e defendants were convicted of trespassing, in violation of G. L. c. 266, § 120, and each was fined $50. 2 The fines…”
- Commonwealth v. Noffke (Massachusetts Supreme Judicial Court 1978, 376 Mass. 127)“…d convicted in a District Court of trespass in violation of G. L. c. 266, § 120. He appealed to the Superior Court for…”
- Lazlo L. v. Commonwealth (Massachusetts Supreme Judicial Court 2019, 482 Mass. 325)“…r a complaint against Miles for trespassing in violation of G. L. c. 266, § 120, and disorderly conduct in violation of…”
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)
- Mass. Gen. Laws ch. 185, § 53 - Prescription, Adverse Possession or Right of Way by Necessity (registered land)(malegislature.gov)
- Mass. Gen. Laws ch. 185, § 45 - Judgment of Confirmation and Registration; Conclusive Effect(malegislature.gov)
- Mass. Gen. Laws ch. 239, § 2 - Summary Process: Jurisdiction, Venue and Form of Writ(malegislature.gov)
- Mass. Gen. Laws ch. 239, § 5 - Appeal and Bond; Execution Stayed 10 Days After Entry of Judgment(malegislature.gov)
- Uniform Summary Process Rule 2 - Entry of Action, Scheduling of Trial Date and Service of Process (Mass. Trial Court Rules)(mass.gov)