Massachusetts Law on Trespassing

Definition and Elements of Trespassing

Trespassing in Massachusetts is defined under Massachusetts General Laws Chapter 266, Section 120. It involves entering or remaining on someone else's property without permission. The key elements to prove trespassing include:

• Unauthorized Entry: The defendant must have entered or remained on the property without the right to do so.
• Lack of Consent: The entry or stay must be without the permission of the property owner or person in lawful control.
• Refusal to Leave: The defendant must have been asked to leave by the person in control of the property, either directly or through posted notices.

Penalties for Trespassing

The penalties for trespassing in Massachusetts include a fine of up to $100 or imprisonment for up to 30 days, or both.

Use of Common Property

While Massachusetts law does not specifically address "common property" in the context of trespassing, it does cover both public and private properties. Trespassing charges can apply to public property owned by the state or municipalities, as well as private property. However, the law does not apply to tenants who remain in a residence after their tenancy has ended, as they are considered holdover tenants and must be addressed through civil proceedings.

Civil vs. Criminal Trespassing

Trespassing can be both a civil and criminal offense. As a civil matter, it may lead to lawsuits and compensation for damages. As a criminal offense, it can result in arrest and the aforementioned penalties. Property owners can document incidents and file police reports to deter future trespassing, though this may escalate tensions.