Brief overview

If an unauthorized person occupies your property shortly before a sale, you have several legal paths to regain possession. The right path depends on whether the occupant is a true squatter (no claimed tenancy), someone asserting tenant rights, or a trespasser with other claims. Massachusetts law gives owners civil remedies (court eviction/ejectment) and sometimes criminal remedies, but it generally prohibits self-help (changing locks, turning off utilities, or physically removing people) without a court order.

What the law treats as an unauthorized occupant

Common categories you’ll encounter:

• Short-term trespasser / squatter: Occupies without claiming a lease or paying rent.
• Person claiming to be a tenant: Says they have a lease or tenancy at will (verbal agreement).
• Former occupant refusing to leave after lease termination or sale.

Immediate steps to protect your property

1. Document possession: take dated photos, videos, and keep a log of visits and communications.
2. Avoid self-help removals: do not change locks, remove personal property, or cut utilities — doing so can lead to criminal or civil liability.
3. Contact local police if there is an immediate threat, violence, or forcible entry. Police may remove a clear trespasser, but they often tell property owners to seek a civil remedy when occupant claims tenancy.
4. Contact a Massachusetts attorney experienced in real estate/landlord-tenant matters for the quickest, correct process.

Legal remedies under Massachusetts law

1) Summary process (eviction) in District Court

If an occupant asserts tenancy or if police decline to remove them because a possessory claim exists, you usually must file a summary process case in the District Court to obtain legal possession. Summary process is the standard civil procedure in Massachusetts used to recover possession of real estate from occupants. See the statutory framework for summary process: M.G.L. Chapter 239 (Summary Process).

Typical steps: file a complaint, serve the occupant, appear at a court hearing, obtain a judgment for possession if the court rules for you, then secure a writ of execution/writ of possession. A sheriff or constable then enforces that writ.

2) Civil ejectment or other civil actions

In some circumstances—for example, disputed title or complex claims—an owner may bring an ejectment or other civil lawsuit to quiet title and recover possession. These suits can take longer than summary process and are often used when possession conflicts intersect with title disputes.

3) Criminal law and police assistance

Police may remove persons committing trespass or forcible entry, especially if criminal acts occurred (breaking in, threats, violence). If the occupant clearly has no claim of tenancy and engaged in unlawful entry, police involvement can be effective. Even so, police sometimes decline to remove occupants who claim a tenancy and advise a court remedy instead.

4) Adverse possession (squatter’s long-term claim)

In Massachusetts, someone may seek title through adverse possession if they meet strict statutory and common-law requirements. That remedy generally requires long, continuous, and notorious possession — the typical statutory period to bar recovery is 20 years. See the statute on actions to recover real estate: M.G.L. Chapter 260, §21. Short-term occupation immediately before sale will not create adverse possession rights in a transfer timeline relevant to most sellers.

What to expect: timeline, costs, and outcomes

Expect the process to take weeks to months, depending on whether the occupant contests, court schedules, and whether sheriff enforcement is needed.

• Cost: filing fees, service fees, attorney fees, and possible sheriff fees for execution.
• Speed: immediate police removal is fastest but not always available; court-based possession usually takes at least several weeks.
• Risk: attempting self-help can lead to criminal charges or civil liability. Rely on court orders and law enforcement for removal.

Practical examples (hypotheticals)

Hypothetical A — Trespasser moves in two days before closing

You discover someone occupying the house with no lease. Call police; if they remove the person as trespassing, secure the property and proceed with closing. If police decline because occupant claims tenancy, file a summary process action immediately and seek emergency relief through counsel.

Hypothetical B — Occupant claims a verbal tenancy and refuses to leave

Because the occupant claims a tenancy, you must file a summary process case. Prepare lease documents, communications, and evidence to prove title/ownership and the termination of any tenancy. The court will determine possession and may issue a writ of possession enforceable by the sheriff.

Hypothetical C — Squatter claims long-term occupancy at closing

If the claim involves long-term occupation and a potential adverse possession claim, consult counsel. Adverse possession claims in Massachusetts require prolonged possession (see M.G.L. c.260 §21). A short-term squatter will not typically have a legitimate adverse possession claim that blocks a sale.

Helpful hints

• Act fast: the sooner you document and start legal action, the better.
• Preserve evidence: photos, video, written communications, and witness statements help in court.
• Don’t use self-help: changing locks, removing belongings, or shutting off utilities can expose you to legal liability.
• Consult an attorney early: they can choose the right remedy (police, summary process, ejectment) and prepare required paperwork.
• Buy title insurance and review exceptions: title insurance often excludes post-policy events, so check how the carrier handles occupied property discovered before closing.
• Communicate carefully: written notices and professional service of process are preferable to informal confrontations.
• Plan closings with occupancy checks: use walk-throughs and contractor confirmations to reduce surprises.

Where to find more information and statutes

Summary process statute: M.G.L. Chapter 239 (Summary Process).

Adverse possession / recovery of real estate: M.G.L. Chapter 260, §21.

Massachusetts landlord-tenant resources and guides: Mass.gov Landlord & Tenant Guide.