Squatters’ rights in Massachusetts: What your HOA and condo should know

What are Massachusetts squatters’ rights?

In Massachusetts, “squatters’ rights” typically refers to the legal concept of adverse possession, which may allow someone who has occupied a property without permission to potentially gain legal ownership. This is usually only possible after 20 continuous years of occupancy and only if specific legal criteria are met. Although difficult to obtain, squatter claims could have significant implications for community associations, property owners, and property managers.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Requirements for adverse possession

To legally claim property through adverse possession, squatters usually must meet five key criteria:

• Actual possession: The squatter must use the property as an owner would, such as living there, maintaining it, or improving it.
   
• Hostile possession: The squatter must occupy the property without permission. There cannot be a lease, license, or rental agreement in place.
   
• Open and notorious possession: The use cannot be secret; it must be obvious enough that the real owner or community could notice.
   
• Exclusive possession: The squatter must be the only occupant. Sharing the space with the owner or others not part of the claim typically disqualifies the claim.
   
• Continuous possession: The squatter must maintain uninterrupted possession for 20 consecutive years. Leaving the property for extended periods could restart the clock.

Squatters’ rights in Massachusetts do not typically require payment of property taxes to establish adverse possession. However, paying taxes could potentially be used as evidence of a claim of ownership. Legal counsel should be consulted to assess the specific facts and risks before proceeding with any decisions related to occupancy or property rights.
 

How do you prove adverse possession in Massachusetts?

To prove adverse possession in Massachusetts, a squatter typically needs to present clear evidence that all legal criteria have been satisfied over a 20-year period. This may involve documentation such as utility bills, mail, photographs showing presence, witness testimony, and any improvements made to the property.

The legal process typically begins with filing a quiet title action in court. The squatter may be required to:

• Show evidence of actual, hostile, open, exclusive, and continuous use for 20 years.
   
• Appear at a court hearing where the judge will evaluate the claim.
   
• Be prepared to counter any objections from the legal owner.

Courts generally scrutinize adverse possession claims heavily, and the burden of proof lies entirely with the squatter.
 

What is the difference between a squatter and a holdover?

A squatter is someone who occupies a property without any legal right or permission. In contrast, a holdover tenant initially had legal access but has stayed beyond their lease's expiration without the owner's consent. Holdovers are often handled through standard eviction proceedings, while squatters are typically viewed as trespassers unless they meet adverse possession criteria, and may require legal action for removal if they refuse to leave. Understanding this distinction can help homeowners associations (HOAs), condo associations, property owners, and property managers determine the appropriate legal response.
 

Can squatters claim condos or HOA properties in Massachusetts?

Yes, squatters’ rights in Massachusetts may allow squatters to claim condominium units and homes in HOA communities, but it's highly complex. Common elements (like amenity spaces or shared courtyards) are almost always excluded due to their communal nature. Claims may be more plausible for vacant or abandoned private units that go unmonitored for long periods. Associations with active owners, building staff, and property management professionals would likely notice unauthorized occupancy long before the 20-year mark.
 

How can HOAs and condo boards reduce the risk of squatters?

Proactive property oversight is one of the best ways to avoid a squatter situation. Boards and property managers may consider these steps:

• Regularly inspect vacant units and common areas.
   
• Maintain visibility at the property through signage, cameras, or lighting.
   
• Respond quickly to reports of unauthorized occupancy.
   
• Communicate clearly with residents about who is allowed to be on the premises.
   
• Document property access and keep up-to-date contact info for all owners, especially absentee landlords.
   
• Perform regular maintenance on vacant units and shared spaces to avoid creating the impression that a property is neglected or abandoned.

Boards and property owners should consult qualified legal counsel before taking any action involving potential squatters or adverse possession claims.
 

What legal options do property owners have against squatters?

Boards and owners in Massachusetts must typically use a formal eviction process to remove a squatter from their property. This process may include:

• Serving a notice to quit (commonly a 14-day or 30-day notice, depending on the specific circumstances).
   
• Filing a summary process eviction complaint in court.
   
• Waiting for the court to issue a judgment for possession.
   
• Requesting a writ of execution from the court, which authorizes a sheriff to remove the squatter.

Because adverse possession laws can be complex, boards and owners should always seek guidance from a qualified attorney familiar with Massachusetts property law.
 

How do squatters compare to trespassers?

While squatters live in a property, trespassers typically enter without intending to stay. Trespassing is a criminal offense, where police can be called to remove the person from the property​. Squatting, on the other hand, usually refers to a person living in the property without permission. In Massachusetts, once someone has established residence in a property (even unlawfully), law enforcement may advise owners to go through the court eviction process to minimize liability.
 

How professional property management companies can help

Partnering with a professional property management company can help prevent adverse possession claims by supporting timely inspections, proper documentation, and responsive legal action when unauthorized occupancy occurs. With our experience managing communities throughout Massachusetts, we have helped boards reduce risk, preserve property values, and navigate complex occupancy issues.

If your community has concerns about squatters or is dealing with a property access issue, contact our local experts today for more information.