MGL Ch. 7C sec. 32 No right by adverse possession to land held by commonwealth
MGL Ch. 185 sec. 53 No title to registered land through adverse possession
MGL Ch 260 sec. 21 –22, 28-31:
MGL Ch. 260 sec. 21: Recovery of land claimed by adverse possession
MGL Ch. 260 sec 22: Accrual of right or title
MGL Ch. 260 sec. 28: Open possession to retain possession
MGL Ch. 260 sec. 29: Barring remainders and reversions
MGL Ch. 260 sec. 30: Effect of death of tenant
MGL Ch. 260 sec. 31: Actions by commonwealth
Selected case law
1148 Davol Street LLC v. Mechanic's Mill One LLC, 86 Mass. App. Ct. 748 (2014)
A cause of action for adverse possession against a private party can begin to accrue during prior public ownership of the land. "Nothing in the statutory language [of MGL c.260, s.31] immunizes such lands [privately owned lands that had previously been publicly owned] from having an adverse possession claim begin to accrue during the period of public ownership."
Cook v. Babcock, 65 Mass. 206 (1853)
"A party…must show an actual, open, exclusive, and adverse possession of the land. All these elements are essential to be proved, and the failure to establish any one of them is fatal to the validity of the claim."
Holmes v. Johnson, 324 Mass. 450 (1949)
"Acquisition of title through adverse possession is a fact . . . to be proved by the one asserting the title. The burden of proof extends to all of the necessary elements of such possession . . . ."
Ryan v. Stavros, 348 Mass. 251 (1964)
"Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years."
- Adverse Possession, by Gary F. Casaly
Discussion of elements of and defenses to adverse possession.
- Adverse Possession Basics, Konstantine Kyros
Basics and theories behind this doctrine
- Mass. Real Estate Law Blog
Includes tips to prevent adverse possession
- When Comprehensive Prescriptive Easements Overlap Adverse Possession by Will Saxe, 33 B.C. Envtl. Aff. L. Rev. 175(2006)
Part I of the article provides an analysis of the required elements of adverse possession and a review of its origins in English law.
- Lawrence v Concord: The Doctrine of Adverse Possession by Erin R. Boisvert, MBA Section Review, Vol. 6, No. 2
Analysis of a case involving municipal property
- Crocker's Notes on Common Forms, MCLE 2006 with supplement, Chapter 26
- Real Estate Law with forms, Mass. Practice v.28-28B, Thomson West, 2004 with supplement Chapter 27
- Massachusetts Superior Court Civil Practice Jury Instructions, MCLE, loose-leaf. Chapter 17, Real Estate
- Neighboring Property Owners, Shepard's McGraw-Hill, 1988 with supplement Chapter 6
- A Practical Guide to Disputes between Adjoining Landowners-Easements, v. 1, Matthew Bender, 1989 with supplement Chapter 7
|Last updated:||April 9, 2018|