Peter Calabrese is the firm’s founding member and chair of the Construction, Litigation and Real Estate practices; he also handles Appellate Litigation cases. Mr. Calabrese’s practice covers a broad spectrum of litigation matters related to commercial and residential real estate, condominium association and construction disputes, and he maintains a niche practice that focuses on high stakes appellate litigation, administrative law and regulatory matters.
If you own or have possession over a commercial property, then you know how frustrating trespassing can be. Trespassers can interfere with your business operations and damage your property, which requires money, effort, and time to fix.
Massachusetts law allows people with valid legal claims to seek orders prohibiting trespassers from entering or remaining on their property. The affected party may also sue for compensation, or get an order that compels the trespasser to remove an object from the property.
Trespassing on private property occurs when a person unlawfully enters or causes an object to enter a property in another person’s actual or constructive possession. Actual possession is when a person has direct physical contact or control over the property. Constructive possession is a person’s immediate right to possess a property.
The law does not require the person to own or hold title to the property. Possession is sufficient. For example, a lessee of an apartment can bring an action of trespass since they have exclusive possession for a specified duration. Typically, anyone with an interest in private property may pursue an action for trespassing.
Trespassing may also occur when a person or their property remains on another person’s property without lawful authority or when a person fails to remove an object they have a legal duty to remove from another person’s property. Trespassing results in the invasion of an exclusive interest in the subject property. An example is when your neighbor parks their truck on your commercial property despite signs advising people to keep off.
An act may amount to trespassing even if it does not cause damage to your private property. Also, it does not matter whether the trespassers acted reasonably or genuinely believed they had an ownership interest in your private property.
Private properties that could be the subject matter of a trespassing action include commercial buildings, dwelling houses, boats, vehicles, improved or enclosed land, wharves, or piers. Remaining on a school bus after being forbidden, whether directly or by notice, can also amount to trespassing.
Under trespassing laws in Massachusetts, you need to establish that:
There is no requirement to prove injury or damages to your property. If a trespass continues and wrongfully interferes with your legal right, you may apply to the court for a perpetual injunction, which compels the trespassing party to refrain from their trespassing actions, even when no permanent injury occurs.
The situation may differ when an injury happens. Generally, the affected person may recover fair compensation for all related damages, including property damage and lost profits from interference with business operations. Emotional distress may also be recoverable, depending on the circumstances.
Trespassing may seem like a common neighbor dispute, but it has legal repercussions. If you have a valid claim, you may institute legal action for civil remedies, like damages and injunctive orders . However, it’s vital to note that the defendant may also have a valid legal defense. For example, they can assert that there was no notice regarding the prohibition or establish that the person alleging trespassing has no legal right.
Besides allowing you to recover compensation, civil lawsuits have a broader scope. Civil trespass includes placing or altering objects on the property — not limited to entry to the property . Examples include erecting buildings over the property line, cutting down trees on someone else’s property, and hitting golf balls onto a neighboring property.
Property owners or possessors, such as tenants, including those using the space for business purposes, may bring legal action against the trespasser for an order to stop trespassing and compensate them for losses and inconvenience. As earlier indicated, the compensation may differ depending on the circumstances. It may include costs for repairing or replacing the damaged property, lost profits if the trespass relates to a business, lost rental income and emotional distress.
If the trespasser moved or built a structure on the land, such as a fence or building, the court may order them to remove it. Again, if the trespasser goes onto the property to cut down crops or trees , the affected person may sue for compensatio n, sometimes three times the value of the loss.
The defendant in a trespass claim may raise several defenses to relieve themselves fully or partially of liability. As mentioned, they may assert there was no notice about the prohibition — if that is true — or establish that you have no legal right in the property. Other possible defenses include consent, necessity, and easement:
To get a no-trespass order in Massachusetts, do the following:
Gathering sufficient evidence to prove your claim and making a compelling argument is crucial to getting the order. While this can be complex, an attorney can help you achieve the best possible results. Lawyers are trained to assess legal situations and provide helpful solutions. They can also take the stress off your shoulders by preparing all the paperwork and building a solid case.
You may commence a civil action if you have a valid legal private property trespass claim . Civil actions allow you to claim compensation for losses or seek an order that compels the defendant to stop or reverse a wrongful act. It’s crucial to consult a lawyer if you believe you have a claim to assess the situation and provide the necessary advice.
Calabrese Law Associates has experience representing clients in trespassing law cases in Massachusetts. Our attorneys are dedicated to helping commercial property owners with their legal challenges by providing tailored and effective legal solutions. We can assess your situation, determine whether you have a valid claim, and help you enforce your legal rights. Contact us now if you have any questions.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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