Property owners should know their state’s squatter laws to help protect their property from adverse possession claims. In Massachusetts, an individual can claim property through adverse possession after 20 years.

When we hear the term “squatter,” many of us might think of a trespasser, or even a criminal attempting to steal land from unwitting property owners. That’s because squatting has a negative reputation in the United States—but you may be surprised to learn that it’s perfectly legal in many cases!

Like landlord-tenant laws, squatter laws vary by state. Generally, squatters are afforded certain protections under the law, although they must also meet certain criteria to gain lawful ownership of a property through adverse possession. If you’re a property owner in

Massachusetts

, you should know the state’s squatter laws to help protect your land from legal acquisition by squatters.

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has created a guide on everything you need to know about squatter laws in Massachusetts. In this article, we’ll cover the specifics of adverse possession in the Bay State, including how you can protect and insure your property.

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Who’s considered a squatter in Massachusetts?

The term squatting refers to the occupation of an unused, abandoned, or foreclosed property without consent from the lawful owner. The unlawful tenant or tenants are known as squatters, and under certain conditions, they can gain ownership of such properties via adverse possession.

The US government has passed laws to define squatter’s rights dating back to 1850. These statutes notate a difference between lawful squatting and illegal trespassing.

Squatting vs. trespassing vs. holdover tenants

The difference between squatting and trespassing comes down to whether the property is occupied and whether it is clear to the squatter(s) they’re unwelcome.

For example, if an individual happens across or holds a property that lacks any express indication of being owned, then their choice to occupy it becomes legally sanctioned. If there was, however, a “no trespassing” sign posted on the property that the individual could see, then it would be a case of illegal trespassing.

Squatters hold particular legal rights that make most squatting cases civil matters—trespassing, on the other hand, is a criminal offense. Only after the property owner has made the squatter expressly aware that they’re unwelcome can they then can be treated as a trespasser.

However, in situations of holdover tenancy, things are a little different. If a tenant continues to live on a property after the lease has expired, it’s technically trespassing—unless the landlord continues to accept their rent payments, in which case they are considered a tenant at will.

MORE: Title transfer in Massachusetts

Adverse possession laws in Massachusetts

Adverse possession is a legal principle that directs the lawful acquisition of another person’s property, usually through squatting. To be awarded land via adverse possession, however, an individual must prove continuous, exclusive, actual, hostile, and open and notorious possession of the property for at least 20 years.

Exactly what do all those words mean? Let’s break it down:

Continuous possession

Continuous possession is the idea of uninterrupted occupancy of a property. Most squatter laws require an individual to possess and maintain a property for a certain amount of time before they are eligible to make an adverse possession claim. In Massachusetts, that time frame is 20 years.

Exclusive possession

The condition of exclusive possession means that the individual or squatter cannot share ownership of the property with another person or other people. The period of exclusive possession must be at least 20 years in cases of adverse possession in Massachusetts.

Actual possession

Actual possession alludes to the physical presence of the squatter on the property. While it may sound similar to the concept of continuous possession (as noted above), the distinction lies in the physical changes made to the property by the squatter. Performing maintenance or upkeep on the property, for example, is considered proof of actual possession.

Hostile possession

In the context of adverse possession claims, hostile possession refers to the idea that an individual is occupying the property without express permission from the rightful owner.

While hostile possession could include cases where a trespasser is aware that the property belongs to someone else, it also covers claims of “simple” or “good faith” occupation, in which the individual doesn’t know their inhabitance of the property isn’t legal.

Open and notorious possession

To gain property via adverse possession, an individual must also publicly possess the property for the duration of their occupancy. In other words, if a squatter is attempting to hide their presence on a property, they can’t make an adverse possession claim. It must be reasonably discernible by anyone who attempts to investigate—including the property owner themself—that the property is being occupied.

Key Takeaway: Under certain conditions, individuals who occupy a property for 20 consecutive years or longer can make an adverse possession claim in Massachusetts—regardless of color of title.

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Does Massachusetts honor color of title claims?

In Massachusetts, an individual must occupy a property continuously, exclusively, and openly for at least 20 years before making an adverse possession claim, regardless of color of title.

Color of title is usually a written document that gives an individual reason to believe they have the right to possess a property, but in actuality, it’s not legally valid. For example, an individual could inherit a defective title or a family document that incorrectly demarcates property lines.

Regardless, color of title claims do not shorten or expedite the amount of time it takes to make an adverse possession claim in Massachusetts.

MORE: The 16 perils of home insurance

How to protect yourself from squatters

To protect your property from adverse possession claims, you can follow these tips:

Visit the property often: Extended absences from your property make it easier for squatters to move in and take possession. If you know you’re going away for a while on a vacation or for work, ask someone you trust to check on the property while you’re gone

Secure the property: Lock all doors and windows and seal any other entrances or gates to your property.

Post signage: Putting up “no trespassing” signs helps let people know the property belongs to someone else and that they’re unwelcome there, protecting you from adverse possession claims

Pay property taxes on time: Although squatters don’t have to pay property taxes to make an adverse possession claim, paying your property taxes promptly can help establish your rightful ownership and bolster your case in court

If despite your best efforts, you come to find that your property is being occupied illegally, there are a couple of steps you can take.

First, it’s necessary to serve a written notice as soon as you realize that squatters are present, letting them know they are unwelcome on the property. Alternatively, you can offer to rent your property to the squatter(s) instead—sometimes, these situations can be a win-win.

If neither of these approaches works, however, you should contact the local sheriff (not the police) for assistance removing the squatter(s) from your property.

Whatever your course of action, be sure to follow the proper legal channels in addressing and removing squatters from your property. Making threats or turning off utilities can cost you legal consequences.

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FAQs

How long can squatters stay in Massachusetts?

Squatters must reside on a property continuously and publicly for at least 20 years before making an adverse possession claim.

Do squatters have to pay property taxes in Massachusetts?

No. Squatters do not have to pay property taxes in Massachusetts to make an adverse possession claim. However, if they do, it goes on record with the court and can help bolster a claim.

Is it illegal to squat in a home?

Squatting is technically illegal, despite the protections granted to individual squatters. However, the majority of squatting claims are managed in civil court and are not considered a criminal offense.

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