When it comes to property ownership, few legal doctrines cause as much confusion as adverse possession. Often called “squatter’s rights,” this law allows someone who doesn’t hold the title to a property to potentially gain ownership — under specific and strict conditions. In Massachusetts, adverse possession can apply to any type of real estate, including vacant land, residential homes, and even luxury properties.

Let’s break down what adverse possession means, the requirements under Massachusetts law, and whether high-end homes are immune to such claims.

What Is Adverse Possession?

Adverse possession is a legal principle that allows a person to claim ownership of property if they’ve openly occupied and used it without permission for a specific period of time. The doctrine exists to encourage the productive use of land and to prevent property owners from neglecting their real estate indefinitely.

In Massachusetts, adverse possession is governed by Massachusetts General Laws Chapter 260, Section 21, which sets clear standards for such claims.

Requirements for Adverse Possession in Massachusetts

For a claim to be successful, the person occupying the property must prove that their possession was:

1. Open and Notorious – The use of the property must be visible and obvious to anyone, including the legal owner. It cannot be secretive.

2. Actual – The claimant must physically use or improve the property, such as maintaining the yard, building a structure, or fencing it.

3. Exclusive – The claimant must use the property as their own, not sharing control with others or the rightful owner.

4. Adverse or Hostile – The occupation must occur without the owner’s permission.

5. Continuous for 20 Years – The possession must be uninterrupted for at least 20 years in Massachusetts.

If all five conditions are met, the claimant can petition the court for ownership, though the process requires strong evidence and often legal representation.

Can Adverse Possession Apply to Luxury Homes?

Yes — adverse possession can technically apply to luxury properties, though it’s much less common. High-end homes tend to have regular maintenance, security systems, and property management, which make unauthorized use difficult to go unnoticed for long periods.

However, scenarios can arise. For example:

• A luxury vacation home left unused for decades could be subject to occupation.

• Disputes over shared driveways, fences, or garden areas between luxury estates could lead to partial adverse possession claims.

Even minor encroachments, like a neighbor’s wall or landscaping extending onto your property, can spark legal battles over boundary rights — especially in high-value neighborhoods.

How to Protect Your Property from Adverse Possession

To prevent potential adverse possession claims, Massachusetts property owners — especially those who own multiple or luxury homes — should:

• Inspect properties regularly, even if they are vacant or seasonal.

• Post “No Trespassing” signs and maintain fencing or barriers.

• Respond promptly to any signs of occupation or encroachment.

• Grant written permission for temporary use (such as allowing a neighbor to use part of your land) to establish that the use is not “adverse.”

• Consult a real estate attorney for boundary surveys and property monitoring.

Adverse possession in Massachusetts is a serious but preventable issue. While it’s rare for luxury homes to fall under such claims, it’s not impossible. Understanding your rights — and staying proactive about property oversight — ensures your investment remains protected.

If you suspect someone is encroaching on your property or you’re involved in a boundary dispute, consulting a qualified Massachusetts real estate attorney is the best next step.

Matt Witte strives to be the best realtor in North Andover, MA.

Any questions about real estate, reach out to Matt Witte, North Andover Realtor, MA-