Squatters’ rights and adverse possession in Massachusetts require landlords to closely monitor their properties and take swift, decisive action. Imagine how much of a nightmare you’d face if someone snuck into your empty duplex, changed the locks, and refused to leave.
In this article, we’ll cover guidance on adverse possession, the steps to legally evict a squatter in Massachusetts, and innovative ways to keep unauthorized occupants out of your property. Keep reading to find out what you should know about squatters’ rights.
What is a squatter?
A squatter moves into a property without permission or a valid lease agreement. Over time, squatters can gain certain legal protections and may even take possession of your property. Landlords in Massachusetts must act quickly to prevent squatters from establishing a foothold.
Picture a landlord traveling for 6 months before checking on their Springfield apartment, only to find an unauthorized resident living there and claiming the right to stay. That person counts as a squatter because they did not sign a lease or obtain the landlord’s permission.
Key Differences Between Squatters and Trespassers
Though both squatters and trespassers enter a property illegally, there are some essential differences between the two. You can read more in this guide to squatters vs. trespassers.
Squatters
- Move in and stay long-term without approval or a lease.
- Treat a property as their own and attempt to establish long-term control of it.
- Require a formal eviction rather than a quick removal.
Trespassers
- Enter a property without permission, but leave shortly after.
- Show no interest in using the property for an extended period of time.
- Law enforcement can remove trespassers immediately.
Squatters settle in and try to take possession of the property, while trespassers slip in briefly and leave quickly, creating far fewer legal hurdles for Massachusetts landlords.
What are squatters’ rights?
Squatters’ rights describe the limited legal protections someone can gain through long-term, unauthorized occupation. These laws stem from the concept of adverse possession and exist across the U.S. Read more about squatters’ rights at TurboTenant.
In Massachusetts, squatters’ rights carry profound implications. Landlords dealing with squatters may have to undertake a lengthy, costly eviction and face property damage or other pitfalls. You should always watch your properties closely and act quickly to prevent unauthorized residents from settling in.
Can a squatter actually claim legal rights to a property?
Even though it seems unbelievable, squatters can claim legal rights to a property in Massachusetts. The process takes a long time and requires strict proof, though, so you can easily protect your rentals with proper security measures and attentive management.
It’s worth noting that Massachusetts does not permit squatters to acquire a title to registered land by adverse possession, though such cases are uncommon.
Adverse Possession Laws in Massachusetts
Adverse possession allows unauthorized residents to claim possession of a property after an extended period of occupation. However, for a claim of adverse possession to succeed, Massachusetts squatters must be able to prove that their residence meets the following conditions:
Actual: The squatter must live on the property and use it in the same way an owner would, making improvements and treating it as their primary residence.
Open and notorious: The squatter must make their residence on the property obvious and cannot attempt to hide their occupation from the owner or neighbors.
Hostile: The squatter must enter and live in the property despite the original owner’s legal rights.
Exclusive: The squatter cannot share the property with the original owner or any other squatters.
Continuous: The squatter must remain on the property continuously for at least 20 years, with no extended absences.
Supporting law: M.G.L. c. 260 s. 21, M.G.L. c. 185 s. 53
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Massachusetts, a squatter must remain on a property for at least 20 years. (A break in occupancy restarts the clock.) Naturally, squatters rarely meet this condition, particularly if the original owner conducts regular inspections and acts quickly to remove unauthorized residents.
Let’s say a squatter breaks into a vacant Salem home and lives there for 3 years before the landlord returns and evicts them. In this case, the squatter would not have grounds for an adverse possession claim because their residency falls far short of the required 20-year timeframe.
Supporting law: M.G.L. c. 260 s. 21
Does the squatter need to have a color of title to claim adverse possession?
A color of title document appears to be valid proof of ownership, but it contains critical legal flaws. For instance, someone might purchase a plot of land in Lexington from an unauthorized seller and receive a color of title that does not actually transfer ownership.
Unlike in other states, squatters in Massachusetts do not need a color of title to claim adverse possession, nor does having one shorten the occupancy time requirement. However, holding a color of title may strengthen the squatter’s position in a court case.
Supporting laws: M.G.L. c. 260 s. 21, M.G.L. c. 185 s. 53
Does the squatter have to pay property taxes for adverse possession in Massachusetts?
In many states, squatters must pay property taxes to claim adverse possession of a property, but Massachusetts does not require it. Paying property taxes also does not shorten the 20-year occupancy requirement. Read more about property taxes in Massachusetts to learn more.
Landlords should always stay current on property tax payments to prevent disputes over ownership, avoid liens, and maintain proof of their rightful ownership. Unpaid property taxes can also accumulate fees and penalties.
Supporting law: M.G.L. c. 260 s. 21
How to Legally Remove Squatters from Your Property
Should you discover an unauthorized resident living on your property, you’ll need to undertake a complete eviction to remove them and regain ownership. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so and want to avoid a protracted, potentially costly eviction, try communicating directly with the squatter. You could offer options such as a cash-for-keys agreement, relocation assistance, or a specific move-out date.
Important: Never attempt to force the squatter out with a self-help eviction, such as changing the locks or shutting off utilities. This practice is illegal in all 50 states.
Step 2: Get in Touch With Local Law Enforcement
If you’re unable to speak with the squatter yourself, contact local police and ask them to visit your property. Officers may view the person as a trespasser rather than a squatter, and if so, they can remove the individual immediately and restore possession to you.
Step 3: Serve the Squatter a Notice to Quit
If all else fails, you’ll have to treat the squatter as a typical tenant and start the eviction process. First, serve a 14-day Notice to Quit, which provides the squatter with 2 weeks to move out and warns them that you’ll next file for an eviction.
Step 4: File a Summary Process Summons and Complaint Against the Squatter
Should the squatter refuse to leave after 14 days, you’ll have to file a Summary Process Summons and Complaint in the Massachusetts Housing Court or District Court local to your property. This starts the Massachusetts eviction process and informs the squatter of your court hearing date.
Step 5: Present Your Case in Front of a Judge
During your hearing, bring clear evidence of squatting to strengthen your case in front of the judge. To prove your right to ownership and show the court exactly what happened on your property, consider collecting documentation like:
- Photos and videos of the squatter’s unauthorized presence on the property
- Police reports documenting unauthorized entry and attempts at removal
- Witness statements from neighbors or maintenance staff
- Proof of your ownership, such as deeds, tax payments, or utility records
The squatter will also get time to present their own evidence, which may include the color of title, property tax payments, or other documents they believe support their position. The judge will review the evidence from both sides before making a decision.
Step 6: Obtain an Execution for Possession, Authorizing Removal of the Squatter
If the judge sides with you, they will issue a Judgment for Possession, which allows you to request an Execution for Possession. This authorizes a sheriff or constable to remove the squatter from your property and restore possession to you.
After the court issues the Judgment for Possession, the squatter typically has 10 days to appeal. However, if they do not successfully appeal the judgment during that time period, you can obtain the Execution for Possession and contact local law enforcement to remove the squatter.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With an Execution for Possession in hand, a sheriff or constable can physically remove the squatter. If the squatter leaves behind any personal belongings, you can dispose of them after attempting to contact the squatter twice and holding the items for 14 days.
Once you regain possession of your property, secure your rental quickly by changing the locks and inspecting it often. Taking these steps helps prevent future squatters and avoids costly, stressful situations.
With the eviction process complete, let’s review some actionable tips to prevent squatters from occupying your property.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from moving in in the first place. These tips will make it harder for unauthorized occupants to set up shop:
Inspect the property regularly: Visit your rental properties at least once a month, or more often during vacancies. Frequent inspections help you spot unauthorized activity quickly and address issues before squatters have a chance to move in.
Install security cameras: Place visible cameras at entry points, parking areas, and shared spaces. Cameras deter unauthorized occupants and provide evidence of squatting.
Act quickly against trespassers: Respond immediately if you notice someone on your property without your permission, and contact Massachusetts law enforcement before unauthorized occupants can get comfortable.
Secure all entry points: Lock doors, windows, gates, and other openings with strong hardware. This reduces opportunities for squatters to break in or sneak inside unnoticed.
Maintain the property: Mow the lawns, keep debris and trash out of the yard, and install working motion-sensor lights. Well-maintained properties appear occupied, making your rental less appealing to potential squatters.
Fill vacancies quickly: Advertise vacant units quickly using platforms like TurboTenant to minimize empty periods and eliminate opportunities for squatters.
Screen future tenants thoroughly: Always check a potential renter’s eviction, credit, and criminal history before you sign a new lease. Proper screening reduces the risk of problem tenants who might overstay their lease, invite in unauthorized tenants, or abandon the property.
These tips will help you maintain control of your Massachusetts rentals and prevent squatters from becoming a costly, time-consuming problem. Before we wrap up, though, let’s take a look at another way to strengthen your defenses against squatters.
Digital Tools to Help Landlords Thwart Squatters
With the proper preparation and knowledge, landlords can easily handle squatters’ rights and adverse possession in Massachusetts, preventing unauthorized occupants from gaining control of their rental properties.
Additionally, you can use tried-and-true property management software to keep an eye on vacant units, conduct property maintenance, and maintain detailed records, all of which will help you defend your property from squatters.
Take control of your rentals today and create a free account with TurboTenant to simplify management and safeguard your property.
FAQs: Squatters’ Rights & Adverse Possession Laws in Massachusetts
How long does it take a squatter to claim property rights in Massachusetts?
A squatter must occupy your property continuously and openly for 20 years to pursue adverse possession in Massachusetts. Their residence must also be hostile, exclusive, and actual to qualify for a claim of adverse possession.
Can landlords remove squatters legally without taking legal action?
No, Massachusetts landlords cannot remove squatters on their own. Landlords must remove squatters by following the procedure for a legal eviction; self-help evictions are illegal and can lead to civil or criminal penalties, including a potential dismissal of your eviction case.
What’s the difference between a squatter and a holdover tenant?
A squatter moves into a property without permission and holds no lease, while a holdover tenant once had a valid lease but continues to occupy the space after the agreement expires. Despite these differences, both holdover tenants and squatters require a legal eviction for removal.
Can a landlord turn off power or change locks to remove a squatter?
No, landlords in Massachusetts cannot turn off utilities or change locks to remove a squatter. These techniques are known as self-help evictions and are illegal in every state. Landlords must follow the formal eviction procedure and involve law enforcement to remove a squatter safely and legally.