This pamphlet provides an overview of no trespass law. Topics covered include civil and criminal trespass, trespass in public housing, and how to prevent trespassing.
USLegal Pamphlet on No Trespass
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Multi-State
Control #:
US-PMPH-23
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Word;
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FAQ
In Massachusetts, trespass involves the act of entering or remaining in or upon someone's dwelling house, building, boat or even improved or enclosed land, a wharf, or pier without owner's permission or other right.
266, § 120, allows a property owner to issue a notice to the trespasser forbidding him from entering or remaining on the property. The owner who drafts such a No Trespass Notice should have a constable serve it on the trespasser. The owner should also mail a copy of the notice to the local police department.
Of how long a trespass notice remains valid, some finding the warning is effective until rescinded by a person with the authority to do so, while others have determined the warning remains active for either six or twelve months.
The date the letter is effective, the offender's name and the address of the premises that are off limits. A description of what is meant by trespassing and the actions the letter recipient must take to avoid penalties. ( The consequences of further infractions.
To serve a trespass notice in writing, you just need to write the trespassed person a notice warning them that they are not allowed to enter the property. You can use the template on the Police website, or one on the Community Law website.
Of how long a trespass notice remains valid, some finding the warning is effective until rescinded by a person with the authority to do so, while others have determined the warning remains active for either six or twelve months.
Essentially, once you provide notice to a person that they are no longer welcome on the property and provide a copy of that notice to the local police department, you may file a complaint against them with the police department, or you may file a complaint in the district court for trespass.