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Massachusetts No Trespass Notice to be Served on Individual

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

Description

Chapter 266: Section 120 of the General Laws of Massachusetts provides:

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, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.

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Key Concepts & Definitions

No Trespass Notice - A legal document issued by the property owner or a designated representative, stating that an individual is not allowed to enter or stay on a specific property.
Local Law & Property Law - Regulations that govern ownership, use, and access to real property within a specific jurisdiction.
Restraining Order - A court-issued order that limits the behavior of someone who harms or threatens another; in the context of trespassing, it can prevent a person from entering certain properties.

Step-by-Step Guide on Serving a No Trespass Notice

  1. Identify the Need: Determine the reason for the trespass notice, ensuring it aligns with local law.
  2. Consult Legal Advice: Engage with a legal professional or the LegalClarity team to draft an appropriate notice.
  3. Prepare the Notice: Use a pdf convert tool to create a formally structured trespassing letter.
  4. Notify Local Police: Inform the local police of your intent to issue the notice for documentation and possible enforcement support.
  5. Serve the Notice: Lawfully deliver the notice to the individual, either personally or through certified mail, as per local property law.

Risk Analysis

Improperly serving a no trespass notice can lead to legal repercussions, including invalidation of the notice and potential legal costs. Risks include not following local property law, lack of evidence of trespass, or issuing a notice based on discriminatory practices.

Key Takeaways

  • Ensure all actions align with local law and are supported by accurate documentation.
  • Consulting legal authorities or professionals can minimize legal risks.
  • Cooperate with local enforcement, like the local police, to strengthen the enforcement of the no trespassing order.

Common Mistakes & How to Avoid Them

  • Incorrect Information: Ensure the trespassing letter contains accurate and current details of all parties and properties involved.
  • Lack of Proof: Maintain records of previous trespass incidents to substantiate the need for a trespassing order.
  • Non-Compliance with Local Laws: Always update on property and local laws to avoid legal pitfalls.

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FAQ

In Massachusetts, trespass involves the act of entering or remaining in or upon someone's dwelling house, building, boat or even improved or enclosed land, a wharf, or pier without owner's permission or other right.

Someone is entering on your property without your permission. 266, § 120, allows a property owner to issue a notice to the trespasser forbidding him from entering or remaining on the property.

266, § 120, allows a property owner to issue a notice to the trespasser forbidding him from entering or remaining on the property. The owner who drafts such a No Trespass Notice should have a constable serve it on the trespasser. The owner should also mail a copy of the notice to the local police department.

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.

A Trespass Letter of Consent is a document that allows a police officer to immediately act on your behalf, and take enforcement action against a person trespassing on your private property without first contacting you.

Yes, you can be charged with trespassing even if no signs are posted and no fences are placed to bar entry. Trespass is an unauthorized entry upon another person's land without permission to do so. Apparently you had no permission to cross the land you crossed belonging to someone other than you.

The date the letter is effective, the offender's name and the address of the premises that are off limits. A description of what is meant by trespassing and the actions the letter recipient must take to avoid penalties. ( The consequences of further infractions.

The four elements of the tort trespass to land are intent, enter, land, and possession.

If a person will not leave your property after you ask them to, or they have entered your property even after you have served them with a trespass notice, you can warn them that they are trespassing and that you will call the Police if they don't leave.

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Massachusetts No Trespass Notice to be Served on Individual