Massachusetts Trespass Without A Permit

State:
Massachusetts
Control #:
MA-02597BG
Format:
Word; 
Rich Text
Instant download

Description

The No Trespass Notice is a legal document used in Massachusetts to formally inform an individual that they are no longer permitted to enter specified property without a permit. This form is vital for property owners seeking to enforce their rights under Massachusetts General Laws Chapter 266, Section 120, which allows for arrest and prosecution of trespassers. Key features include sections for the property owner's details, the trespasser's information, reasons for the notice, and a certificate of service. The form also requires the signature of a notary public to validate the document's authenticity. It serves as a critical tool for attorneys, partners, owners, associates, paralegals, and legal assistants by providing a clear process for addressing trespassing issues and enhancing property security. To fill out the form, users should provide accurate information regarding the property, individual trespassing, and the reason for the notice. It can be edited to suit specific circumstances, ensuring that it complies with legal standards while conveying the necessary information clearly and effectively.
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FAQ

The crime of trespassing is defined pursuant to the statute as: ?Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, [?] after having been forbidden so to do by the person who has lawful ...

In the Commonwealth, trespassing is considered a property crime and the criminal statute prohibiting trespass has been codified in G.L. c 266 § 120. The penalty for trespassing in Massachusetts includes a fine of not more than one hundred dollars or by up to 30 days in prison or by both fine and imprisonment.

The elements of trespass are: (1) the plaintiff's ownership or control of the property; (2) the defendant's intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant's conduct was a substantial factor in causing the ...

Under the law, a formal notice must be communicated, either by posting a no trespassing sign on the property, or otherwise by direct notification. Trespassing on public property such as state land or state controlled institutions has a penalty of up to 3 months in prison.

Refer to Massachusetts General Laws Chapter 266, Section 120. You must deliver the completed and signed notice to the person being trespassed. You must also deliver a signed copy of the trespass notice to the Police Department. There is additional information on the form.

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Massachusetts Trespass Without A Permit