Massachusetts Statewide Rule
Massachusetts Adverse Possession (M.G.L. c. 260 § 21)
Key Facts
- Time required
- 20 years of continuous adverse possession
- Statute of limitations to recover land
- 20 years after right of action accrued
- Conservation-land exception
- No adverse possession against qualifying nonprofit conservation land
- Statute
- M.G.L. c. 260 § 21
Summary
Massachusetts requires 20 years of continuous adverse possession to claim title to land. Under M.G.L. c. 260 § 21, an action to recover land must be brought within 20 years after the right of action first accrued: after which the possessor's claim can ripen into ownership.
An action for the recovery of land shall be commenced, or an entry made thereon, only within twenty years after the right of action or of entry first accrued, or within twenty years after the demandant or the person making the entry, or those under whom they claim, have been seized or possessed of the premises; provided, however, that this section shall not bar an action by or on behalf of a nonprofit land conservation corporation or trust for the recovery of land or interests in land held for conservation, parks, recreation, water protection or wildlife protection purposes.
Full Breakdown
Massachusetts sets one of the longer adverse-possession periods in the nation. M.G.L. c. 260 § 21 provides that "An action for the recovery of land shall be commenced, or an entry made thereon, only within twenty years after the right of action or of entry first accrued." Once the true owner's 20-year window to recover the land has run, a possessor whose use was actual, open, notorious, exclusive, and adverse for the full 20 years may claim title by adverse possession. The statute excepts actions by a nonprofit land conservation corporation or trust for land held for conservation, parks, recreation, water, or wildlife protection. Squatters lacking the full 20-year adverse use have no ownership claim and may be removed through court process.
Violations & Penalties
Adverse possession is a civil property doctrine, not a penalty; a possessor who fails to meet the full 20-year period and the common-law elements has no title and can be removed via summary process or an action to recover land.
Frequently Asked Questions
How long must a squatter possess land to claim it in Massachusetts?
Can someone adversely possess conservation land in Massachusetts?
Sources
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