Chatham, MA asked in Real Estate Law for Massachusetts

Q: I have a second home on Cape Cod that I live in for about four months per year. When I returned to it this year, someone

else was squatting there and refused to move out because they said they had adversely possessed my empty home. I have furniture in it, the yard maintained, etc. Can they actually do this?

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1 Lawyer Answer
Zachary Alan Waksman
Zachary Alan Waksman
  • Licensed in Massachusetts

A: Under these circumstances, he cannot do that. Adverse possession requires open, notorious, hostile, exclusive and continuous actual possession of the property for a period of at least twenty years. Since you occupy the home for several months per year, and likely have done so for several years, these conditions cannot be met. Has this ever happened before or have you ever met this person before?

That said, it appears that simply asking nicely will not be enough to get this trespasser out of your home. More information may be necessary before you will be able to start the removal process

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