25 Kenoza Avenue Haverhill, MA 01830

Phillips, Gerstein & Channen, LLP

Call Today

978-374-1131

  • Welcome
  • Firm Overview
  • Reviews
    • Client Reviews
  • Attorney Profiles
    • Michael A. Gerstein
    • Russell S. Channen
    • Jane M. Owens Triano
  • Practice Areas
    • Business Law
    • Civil Litigation
    • Family Law
    • Personal Injury
    • Real Estate Law
    • Tax Law
  • Legal Blog
    • Articles
    • Case Results
  • Contact
  • Welcome
  • Firm Overview
  • Reviews
    • Client Reviews
  • Attorney Profiles
    • Michael A. Gerstein
    • Russell S. Channen
    • Jane M. Owens Triano
  • Practice Areas
    • Business Law
    • Civil Litigation
    • Family Law
    • Personal Injury
    • Real Estate Law
    • Tax Law
  • Legal Blog
    • Articles
    • Case Results
  • Contact

Massachusetts Adverse Possession Real Estate Law

Homepage > Articles > Massachusetts Adverse Possession Real Estate Law
Massachusetts Adverse Possession Real Estate Law

Under the Massachusetts Adverse Possession Real Estate Laws, a person may claim that land under title to another now belongs to him or her. If this sounds like something you might like to do; know that the path ahead is not easy. Cook v Babcock, 65 Mass. 206 (1853) determined that a person claiming adverse possession must prove “an actual, open, exclusive, and adverse possession of the land”. And, it’s an all or none deal.

These are the five components essential for alleged adverse possession in Massachusetts:
1. You are the only possessor of the parcel, you were physically present and acted like you owned it.
2. You exhibited an open possession visible to the land’s owner (notorious).
3. Using the land was suitable for the size, type and your use of the land.
4. You did not have the owner’s permission to possess the land.
5. You possessed the land for an uninterrupted 20 year period. If you just vacationed on the land intermittently, you do not have possession.

In addition, there are a couple of other hurdles to go through. According the Section 31 of Massachusetts General Law Chapter 260, an adverse possession action cannot be undertaken for conservation land, open space, water protection, wildlife protection, parks, recreation or other public purpose.

However, this section also says that Massachusetts government-owned property has no immunity from the 20-year statute of limitations for recovery of land except as noted above. So a party could bring an adverse possession claim forward on the commonwealth and its political subdivisions – this is not the case in most other jurisdictions.

Another exception to the adverse possession law is found in section 53 of Massachusetts General Law, Chapter 185, which says that a party cannot bring an adverse possession claim against an owner holding title to registered land, easement or other right therein.

Note that an owner cannot bar a claim of adverse possession by citing his not knowing he owned the land. This does not seem fair but the law’s intent is to clear dormant land titles in the public interest despite a few owners losing their rights.

Adverse Possession Real Estate Law
Previous StoryOverview of the new Massachusetts Sick Leave Law
Next StoryMassachusetts Car Accident Expenses – Who Pays For What
Call (978) 374-1131

Categories

  • Articles
  • Business Law
  • Estate Planning
  • Family Law
  • Personal Injury
  • Real Estate Law

Tags

Adverse Possession alimony annulment Auto Accident Business Law buying a home Car Accidents child custody Child Support Co-Parenting Coronavirus COVID-19 Divorce dog bite elder care estate planning Family Law Home Improvement Contracts homestead incorporating injury irrevocable trusts Landlord landlord tenant Last Will and Testament Litigation LLC Marijuana Law Massachusetts homestead law Medical malpractice Noncompete Agreements Personal Injury premisis liability prenup prenuptial property division real estate Real Estate Law Revocable trusts security deposit Slip and fall Sole Proprietorship Workers' compensation Wrongful Death Wrongful Death Claim

Contact Us

(978) 374-1131

(978) 372-3086

25 Kenoza Avenue
Haverhill, MA 01830

Phillips, Gerstein & Channen, LLP is a law firm in Haverhill, Massachusetts. Our firm represents clients from Massachusetts cities throughout Merrimack Valley including Andover, North Andover, Boston, Methuen, Newburyport, Lawrence, Gloucester, Merrimac, Amesbury, Lowell, Groveland, West Newbury, Georgetown, and Rowley, and New Hampshire cities including Salem and Plaistow. We represent clients in Essex County, Middlesex County, and Suffolk County in Massachusetts and Rockingham County and Hillsborough County in New Hampshire.

© 2018 by Phillips, Gerstein & Channen, L.L.P. All rights reserved. Disclaimer | Site Map | Privacy Policy | Marketing by Bardorf Legal Marketing

Email Us
close slider

Get A Case Evaluation

We are happy to provide a consultation to all first time clients.

Please complete the form below and we will contact you.

Call Now Button