Massachusetts USLegal Pamphlet on No Trespass

State:
Multi-State
Control #:
US-PMPH-23
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview of no trespass law. Topics covered include civil and criminal trespass, trespass in public housing, and how to prevent trespassing.

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FAQ

In addition to clearly stating that the letter recipient is not allowed on your property, your No Trespassing letter should contain: The date the letter is effective, the offender's name and the address of the premises that are off limits. Always send No Trespassing letters through certified mail and keep the receipt.

The Massachusetts criminal trespass statute, G. L. c. 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.

To get protection from a trespasser, post a no-trespassing notice, forbid the trespasser entry to your property in writing, then fill out a form provided by your police department, sheriff or district attorney's office to put a restraining order or notice forbidding trespassing on your property.

Page 2. What is a Trespass Letter of Consent? 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.

Notice can be given by posting "No trespassing" signs, telling the person that entrance is forbidden, or informing them in writing with a "No trespass" letter.

Trespass is defined as to go onto someone's property, or to cross a social boundary. An example of to trespass is to walk onto private land to hunt. An example of to trespass is to give a hug to someone who doesn't like to be touched by others. The definition of a trespass is an action that is intrusive or offensive.

Essentially, once you provide notice to a person that they are no longer welcome on the property and provide a copy of that notice to the local police department, you may file a complaint against them with the police department, or you may file a complaint in the district court for trespass.

The elements of a cease and desist letter are rather simple:Include your name and address.Include the recipient's name and address.Demand the recipient to stop the harassment.Send it via certified mail, return receipt requested.

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Massachusetts USLegal Pamphlet on No Trespass