Finding a squatter on your property in Massachusetts can bring about a mix of feelings: surprise, uncertainty, and even worry. Most property owners feel invaded and want to act quickly – but they also understand that squatters have rights.
But how far do these rights go? After all, *you* own the home. How can someone you don’t know have any say over your property?
In this guide, we’ll explain what you need to know to begin taking effective steps to remove squatters and reclaim your home.
What is a squatter?
A squatter is someone who lives on a property without the legal right to do so. This could be a piece of land, a building, or even a house, that they neither own nor rent. A squatter hasn’t received permission from the owner to stay there, but they’ve moved in and set up residence anyway.
Under Massachusetts law (MGL c. 266, § 120), squatting is considered a form of criminal trespassing. The state defines a squatter as an individual who knowingly enters or remains in a building, house, or land without right or privilege to do so. Massachusetts courts have established that squatters can potentially claim ownership through “adverse possession” only after continuously occupying a property for 20 years (MGL c. 260, § 21), while paying property taxes and maintaining the property as if it were their own.
The Massachusetts Attorney General’s Office emphasizes that property owners have the right to remove squatters through legal eviction proceedings, even if the squatters have been living on the property for an extended period. However, “self-help” evictions (such as changing locks or removing belongings) are illegal, and property owners must follow proper legal procedures through the Housing Court.
What’s the difference between a squatter and a trespasser?
The main distinction between squatters and trespassers exists through their intentions and their stay duration.
A trespasser represents an individual who occupies property without authorization from the owner for a brief period. The legal system considers trespassing as a criminal offense so property owners can both arrest trespassers and file lawsuits against them. The main characteristic of trespassers involves their lack of plan to stay on the property for an extended period along with their refusal to claim ownership of the land.
A squatter enters property without permission in contrast to a trespasser because they intend to stay permanently. Squatters enter properties illegally but the legal system treats their situation as civil rather than criminal which creates challenges for property owners.
Can squatters claim ownership of your house?
Yes, squatters can potentially claim ownership of a property through a legal principle known as “adverse possession.” However, this is certainly not easy to do – it’s not a case of finding an empty house you like and moving in. Adverse possession laws vary greatly from state to state, but in Massachusetts, the required period of continuous possession is 20 years.
Massachusetts General Laws Chapter 260 Section 21 requires squatters to fulfill multiple specific conditions to establish adverse possession rights:
- Actual possession: The squatter must physically occupy the property
- Open and notorious use: The occupation must be visible and obvious to anyone
- Exclusive possession: The squatter must possess the property exclusively
- Hostile/adverse use: The occupation must be without the owner’s permission
- Continuous possession: The occupation must be uninterrupted for 20 years
- Payment of property taxes: The squatter must typically pay property taxes during the occupation period
Additionally, Massachusetts courts have established that:
- The burden of proof lies with the squatter claiming adverse possession
- Any break in continuous possession restarts the 20-year clock
- Multiple squatters cannot “tack” their possession periods together
- Property owners can stop adverse possession by giving written permission
- Public and government-owned lands are generally immune from adverse possession claims
The Massachusetts Land Court handles most adverse possession cases, and successful claims are extremely rare due to the stringent requirements and lengthy time period involved.
How to Evict a Squatter in Massachusetts
If you discover unauthorized occupants in your Massachusetts property, you’ll need to follow specific legal procedures to remove them and comply with the laws established in Massachusetts.
The very first step when discovering squatters in your property is to document absolutely everything. You must record every aspect of the situation, including the exact date and time of discovery, any property damage assessment, and comprehensive photos and videos of the premises. Keep detailed records of all interactions with the occupants. Filing a police report is recommended if you suspect a recent break-in. While law enforcement may treat this as a civil matter, an official police report provides valuable documentation for future legal proceedings.
Legal Process for Removal
Serve a Notice to Quit
Massachusetts law requires property owners to deliver written Notices to Quit to squatters before starting court eviction procedures. The written notice must include at least seven days of notice but a thirty-day notice period is preferred to ensure legal compliance particularly when the tenancy status is uncertain. The notice requires delivery to the squatter’s person or placement at the property in an easily visible spot when personal delivery is not feasible. The notice must contain particular statutory language from Massachusetts General Laws which specifies both the eviction reason and the exact date the squatter must leave the premises. The eviction process may become invalid or experience delays when the notice is not properly served.
File a Summary Process (Eviction) Case
If squatters remain after the notice period, you must file your case at the local Housing Court, pay the required filing fee, request a hearing date, and ensure all documents are professionally served to the occupants.
Attend the Court Hearing
Come prepared to demonstrate your property ownership, prove the occupants have no legal right to be there, and show that you’ve followed all required legal procedures.
Execute the Eviction
Upon winning your case, obtain an execution order from the court, contact a sheriff or constable for removal, and remember that only law enforcement can physically remove squatters.
Getting Help
If you’re unsure where to start, consider seeking assistance from a Massachusetts real estate attorney, local legal aid organizations, Housing Court specialists, or professional property managers with squatter experience.
Remember that following the legal process protects both your rights and your property. While evicting squatters can be frustrating and time-consuming, taking shortcuts can result in legal problems and potential liability.
Sources:
- Mass.gov Housing Court Information
- Massachusetts Law about Property, Real Estate and Land Use
- Massachusetts Legal Help – Summary Process
Remember: Following the legal process protects both your rights and your property. While evicting squatters can be frustrating and time-consuming, taking shortcuts can result in legal problems and potential liability.