Squatters’ rights in Massachusetts are a genuine concern for property owners.
This legal quirk can turn trespassers into tenants, making your vacant property their home.
Sound unbelievable? It’s all too real.
We’re cutting through the confusion of adverse possession, eviction processes, and prevention strategies. Your property’s at stake, and knowledge is your best defense.
Ready to protect what’s yours?
Key Notes
- Squatters can claim ownership after 20 years of continuous occupation.
- Eviction process involves legal notices, court hearings, and potential forcible removal.
- Prevention strategies include regular inspections, clear signage, and securing vacant properties.
- Holdover tenants differ from squatters but also require a legal process for removal.
What Are Squatter’s Rights in Massachusetts?

Adverse possession in Massachusetts, or squatter’s rights in layman’s terms, refers to someone who has lived on your property without permission for long enough to gain legal ownership.
In Massachusetts, this period is 20 years. If a squatter can prove they’ve lived on your property continuously for two decades—without your consent—they might be able to claim ownership.
Not just anyone can claim squatter’s rights – certain conditions must be met. To claim squatter’s rights in MA, a person must show:
1. Continuous and Uninterrupted Possession
The squatter must have lived on your property continuously for at least 20 years.
They may not have left the house for extended periods to indicate they’ve taken on the responsibilities and risks of a property owner.
2. Open and Notorious Possession
They should have an obvious presence on the property, to you and anyone else. This ensures that you as the owner have had the opportunity to notice and address illegal occupation.
3. Exclusive Possession
The squatter must use the property as if they are the sole owner. They can’t share it with you or others without a legal claim.
4. Hostile Possession
This means the squatter is occupying the property without your permission to claim ownership.
5. Actual Possession
The squatter must show they are treating the property as their own. This can include living on it, making improvements, paying for utilities, or property maintenance.
6. Claim of Right
Does your squatter have a reason to believe they have a legitimate claim on the property?
Sometimes this might be because of a defective deed or a misunderstanding of property boundaries.
7. Payment of Property Taxes
While not a strict requirement in Massachusetts, paying property taxes can strengthen a squatter’s claim of adverse possession. It demonstrates they are acting as a responsible owner.
If a squatter meets all of these conditions, they may be able to file for adverse possession and eventually gain legal ownership of the property after 20 years.
Squatter Troubles Keeping You Up at Night?
The Eviction Process
Here’s a step-by-step guide outlining how to evict a squatter in Massachusetts:
1. Issue an Eviction Notice
Be sure to act quickly and get an eviction notice issued and served. Here you have three options, depending on your circumstances:
- 7-Day Notice to Quit: Used if the squatter has caused damage or poses a threat.
- 14-Day Notice to Quit: For squatters in a rental property without a lease or where there’s a lease violation.
- 30-Day Notice to Quit: For squatters without a formal lease agreement.
You can get these forms directly from your local courthouse, or a lawyer or find downloadable templates online. Once you’ve filled them out you can deliver them by hand or certified mail.
2. Legal Proceedings
If the squatter ignores your eviction notice, the next step is to file a Summons and Complaint with your local court.
You’ll need to provide details regarding the squatter’s illegal occupation and explain the steps you’ve taken to try and prevent this.
The court then schedules a hearing where you and the squatter present your cases. If the court rules in your favor, an eviction order will be issued, which is the legal authority needed to remove the squatter from your property.
3. Writ of Execution
Sometimes squatters still refuse to leave, in which case the court issues a Writ of Execution, giving them 48 hours to vacate the property.
4. Forcible Removal
In the worst-case scenario, law enforcement can forcibly remove the squatter from your property.
Areas in MA With the Highest Squatting Rates

The highest percentage of squatters are found in Massachussets’ major cities.
Here’s a breakdown:
- Boston has reported various squatting incidents, particularly in vacant buildings.
- Springfield has approximately 2,500 vacant properties, which have become hotspots for squatters. The city has been actively working to address this issue.
- In Worcester, there’s been a rise in reports of squatters occupying abandoned homes. The local government has acknowledged the problem and is considering measures to mitigate it.
- Lawrence has a high vacancy rate, with many properties left unoccupied. This has increased squatting.
- New Bedford faces challenges related to affordable housing, which contribute to squatting.
Do You Have a Squatter or a Trespasser?
It’s easy to confuse squatting with trespassing, but they are different in the eyes of the law.
A trespasser is someone who illegally enters private property, whether knowingly or unknowingly. On the other hand, a squatter intends to inhabit the property and remain there for an extended time.
Scan this table to understand the terms and how to deal with each situation:
Definition | Legal | Key Points | |
---|---|---|---|
Trespassing | Entering someone's property without permission. | Criminal offense | Can be arrested and removed by law enforcement. Usually short-term. |
Squatting | Entering and staying on someone's property as if they own it, potentially claiming ownership over time. | Civil court | May attempt to claim ownership through adverse possession. Often long-term. |
Preventing Squatters
While understanding how to remove squatters is important, preventing them from occupying your property in the first place is even better.
So, how do you stop adverse possession in Massachusetts?
Here are some proactive steps to take:
1. Regular Property Inspections
Inspect your property regularly to spot any signs of illegal occupancy early.
These inspections also show potential squatters that the property is actively managed to deter them.
2. Use Signs
Put up “No Trespassing” or “Private Property” signs to discourage squatters. These make it clear that the property is monitored, even if it looks condemned, to help keep illegal occupants out.
3. Mark Boundaries
Establish clear boundaries with fences, walls, or signs to make it clear your property is private and protected.
4. Lock Up
Keep your vacant properties well-secured with sturdy locks, security doors, windows, and possibly alarm systems or surveillance cameras. These discourage squatters and help you respond quickly if someone tries to move in.
5. Act Swiftly
If you find out someone is squatting on your property, act immediately. Send a legal notice and get law enforcement or legal counsel if needed.
The sooner you act, the easier it is to remove them.
Tired of Playing Property Guard Day and Night?
What is a Holdover Tenant?

In some ways, holdover tenants are similar to squatters as both live on property without the owner’s consent. However, there are some differences:
- Holdover tenants are those who had a lease but didn’t leave when it ended They initially had the right to be there, but now that the lease is over, they’re staying without permission.
- In Massachusetts, landlords can’t force a holdover tenant to leave without proper legal process, which might include an eviction notice.
- Squatters never had permission to be on the property in the first place. They moved in without any right to be there, often targeting vacant or neglected properties.
So, in a nutshell, while holdover tenants might have some legal protections, squatters typically have none—unless they’ve been there long enough to claim adverse possession.
Evicting a Holdover Tenant in Massachusetts
Here’s how to remove a tenant who refuses to move out once their lease has ended.
- Serve notice that the lease has expired and they must vacate the premises. Give them at least 3 days before initiating eviction proceedings.
- If the tenant doesn’t vacate after receiving notice, file a summary process (eviction) action in court against the tenant.
- Once the summary process action is filed, you must serve the tenant with a Summons and Complaint, notifying them of the eviction hearing.
- Appear at the scheduled eviction hearing and present evidence demonstrating the tenant’s holdover status and your right to regain possession. The court then decides if the eviction is warranted based on the evidence.
- If the court rules in your favor, you will be granted an Execution – a court order allowing the tenant’s physical removal from the premises.
- Once the Execution is obtained, you must schedule a date with the constable or sheriff to physically remove the holdover tenant and their belongings from the property.
Frequently Asked Questions
Do squatters have to pay property taxes in Massachusetts?
No, squatters in Massachusetts are not required to pay property taxes. However, if a squatter successfully claims ownership through adverse possession, they will be responsible for paying taxes on the property.
How do you prove adverse possession in Massachusetts?
To prove adverse possession in Massachusetts, a claimant must demonstrate actual, open, notorious, exclusive, and adverse use of the property for 20 years without the owner’s permission.
Each of these elements must be clearly established, as the burden of proof lies with the party claiming adverse possession.
How do you stop adverse possession in Massachusetts?
The best way to do this is by regularly inspecting your property, addressing illegal occupancy quickly, and taking legal action if necessary.
Conclusion
Now that you understand Massachusetts squatter rights, you have a solid foundation for dealing with potential illegal occupants. Remember, prevention is key – secure your property, conduct regular inspections, and maintain clear documentation.
We understand the process can be time-consuming and stressful for property owners, from unraveling the intricacies of adverse possession to following the proper legal procedures for eviction.
If you’re facing a squatter situation or want to avoid the potential headache, we have a solution. Contact us today for a quick cash offer on your Massachusetts property. You can sell your house in a flash and leave your squatter worries behind.