A trespass occurs when a person or object belonging to a person makes — or causes an object or third person to make — an unauthorized entry onto real property (i.e., land) that is in another person’s actual or constructive possession; remains on the land; or fails to remove from the property an object he has a duty to remove. See Restatement (Second), Torts, § 158. Trespass is an intentional act on the part of the entrant and can occur as to either real or personal property. In the case of land, trespass is an invasion of an exclusive interest in the subject property. The intrusion need not take place via the use of force.
Are you frustrated by a neighbor placing debris or vehicles on your land, despite signs posted advising people to stay off your property? Or maybe you live near a business deposes water or other substances on your land, and you have discovered that this conduct is damaging your property. In these situations in Massachusetts, per Massachusetts trespassing laws, you can pursue legal action.
In Massachusetts, the act of trespass consists solely of the illegal entry. The trespasser is liable for all harm that is a direct result of his invasion. Damages can accumulate over time if the trespass takes place over an extended period.
It does not matter whether the property trespassed upon is commercial, residential, or industrial in nature. The elements are the same.
Table of Contents
- What Is Trespassing?
- Who Can Seek Recovery for a Trespass?
- Examples of Trespass
- How Can Calabrese Law Associates Help?
What Is Trespassing?
Trespassing occurs when a person or object that belongs to someone else enters another person’s land without permission from the landowner. The entry could involve someone who makes another person or object enter land without authorization as well. It is also considered trespassing when a person may be ordered to remove something from another person’s land and refuses to do so.
Who Can Seek Recovery for a Trespass?
The holder of an interest in the affected property can seek damages. The holder’s interest must amount to “actual or constructive possession” of the property. See New England Box Co. v. C & R Const. Co., 313 Mass. 696, 707 (1943); Attorney Gen. v. Dime Sav. Bank of New York, FSB, 413 Mass. 284, 288 (1992). The reasonableness of the trespasser’s conduct in making his entry is irrelevant. See Rattigan v. Wile, 445 Mass. 850, 856 n. 13 (2006). This is true even if the person who entered onto the property did so with a genuine belief that he or she held an ownership interest in the property.
“Possession” does not require that the interest holder own or hold title to the subject property. It is enough that the interest holder be in possession of the property. For instance, the lessee of an apartment can bring an action for trespass because he or she has been granted exclusive possession of the space for the duration of the lease. See Inhabitants of Barnstable v. Thacher, 44 Mass. 239 (1841).
Anyone who holds an interest in real property (real estate) can pursue a legal action for trespassing. Someone can still be liable for trespassing even if they didn’t know they were doing it. Ignorance is not an excuse to avoid legal responsibility. The remedy for stopping trespassing is typically a court order directing a person to stop entering a property. A court can also order monetary compensation to pay for property damage caused by a trespasser.
While property owners account for most trespassing cases, you do not need to own the property to pursue a case. You just need to hold a legal interest in real estate. For instance, if you lease a home and a neighbor trespasses on the property, you have a legal case because you have been granted exclusive rights to the property during the time of your lease. You may also file an action for trespass if a stranger is using your easement without permission.
Examples of Trespass
Trespass can take many forms, but some of the most common examples are below:
- Invasion of golf balls from adjacent golf course onto abutting property where the impact of a golf ball damaged buildings and posed a risk of injury to the property owners. See Fenton v. Quaboag Country Club, Inc., 353 Mass. 534 (1968).
- Homeowner builds a fence or wall where he believes the boundary line between his property and the property belonging to his neighbor lies but mistakenly erects it on his neighbor’s land, six inches across the boundary line. This goes against Massachusetts property line law for fences. The trespass began on the date the fence was erected and will continue as long as the structure remains standing. See Porter v. Clarendon Nat’l Ins. Co., 76 Mass.App.Ct. 655, 659 (2010).
- The construction of a building whose roof overhangs an abutting property. See Smith v. Smith, 110 Mass. 302 (1872). The trespass will continue as long as the roof remains in place.
- Willful removal of trees from a neighbor’s land. See M.G.L. c. 242 § 7.
- Use of a private way without authorization.
How Can Calabrese Law Associates Help?
We have represented many clients in Massachusetts trespassing law cases, and we can help with your legal needs. Trespassing can cause frustration, annoyance, and even monetary damages to your property. Addressing the situation as soon as possible can reduce your stress levels and save your home or land from further harm. Protecting your home and land as well as your family is a top priority.
Dealing with a trespassing situation can impact many areas of your life. You may feel anxious and unsure about how to resolve the issue. The experienced Massachusetts real estate attorneys at Calabrese Law Associates know the steps to find relief that can help you protect your property rights and eventually move past this difficult time. We have handled many cases like this, and we can assist you as well.
How to Contact the Experienced Massachusetts Real Estate Trespass Attorneys at Calabrese Law Associates in Boston and Burlington, Massachusetts
If you have a question about a potential trespass or if you are wondering if you are being affected by a trespass, we encourage you to contact our office. It’s important to address a trespass issue right away. Trespass law protects you and your property from such unwanted incursions, which can infringe upon your safety and enjoyment of your land. Calabrese Law Associates can assist you in finding a solution to your problem. We know Massachusetts trespass law, and our law firm has worked with many clients like you. Contact us online today or call us at 617-340-6623 to discuss your case.
