General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Adverse possession requires 20 years of open, notorious, exclusive, adverse and continuous use.
- An owner generally uses a summary process case, and police may remove a person who was never a tenant under the trespass law.
Massachusetts requires 20 years of open, continuous and exclusive possession for adverse possession. Owners generally use summary process or a trespass complaint to remove someone who is not entitled to stay.
Massachusetts squatters rights at a glance
| Rule | Massachusetts | Law |
|---|---|---|
| Adverse possession period | Adverse possession requires 20 years of open, notorious, exclusive, adverse and continuous use. | G.L. c.260, section 21 |
| How owners remove occupants | An owner generally uses a summary process case, and police may remove a person who was never a tenant under the trespass law. | G.L. c.239 and G.L. c.266 (trespass) |
Adverse possession
An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.
Adverse possession period. Adverse possession requires 20 years of open, notorious, exclusive, adverse and continuous use. (G.L. c.260, section 21)
Removing an unauthorized occupant
How owners remove occupants. An owner generally uses a summary process case, and police may remove a person who was never a tenant under the trespass law. (G.L. c.239 and G.L. c.266 (trespass))
Where the case is filed. Summary process cases can be filed in the Housing Court, which covers the whole state, or in the District Court where the property is located. (G.L. c.239 and G.L. c.185C)
Why force backfires
Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.
Self-help eviction. A landlord may not lock out a tenant, remove belongings or cut off utilities to force a move; possession can only be recovered through the court. (G.L. c.186, section 14 and G.L. c.184, section 18)
Protecting a vacant property
Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.
Mistakes to avoid
- Waiting months to act after someone moves in.
- Changing locks or removing belongings yourself.
- Accepting rent or utility payments from the occupant.
- Leaving a vacant property unchecked for long stretches.
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General information, not legal advice.
Verify current law
We last checked these Massachusetts rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Massachusetts attorney about your situation.
Laws named on this page
- G.L. c.260, section 21
- G.L. c.239 and G.L. c.266 (trespass)
- G.L. c.239 and G.L. c.185C
- G.L. c.186, section 14 and G.L. c.184, section 18
Official sources
Massachusetts forms for this topic
Letters and checklists for this topic
Where landlords trip up.
How long does adverse possession take in Massachusetts?
Adverse possession requires 20 years of open, notorious, exclusive, adverse and continuous use. Source: G.L. c.260, section 21.
How does an owner remove a squatter in Massachusetts?
An owner generally uses a summary process case, and police may remove a person who was never a tenant under the trespass law. Source: G.L. c.239 and G.L. c.266 (trespass).