Legal Question in Real Estate Law in Massachusetts

Re: Police refuse to respond

No it is not a violation of your rights. Moreover, unless your property is posted as no trespassing, the police really can't do much. If you read the Trespassing statute there are certain legal requirements for a trespass on land to be met. I assume your property is a normal lot that is not fenced-in and there are no trespassing signs. Accordingly, the Police could not really arrest anyone.

If someone is on your property you can ask them to leave, if they refuse, you can call the Police and tell them someone is on your property and refuses to leave. If this is a dispute between you and a neighbor, then I suggest you get a surveyor, review your title and then contact an attorney, do not involve the police.

Re: Police refuse to respond

I agree with most of the first answer. However, if someone is on your property and you ask them to leave and they refuse, you have the right to bodily remove them. However, if you do this, you could be opening yourself to a whole array of legal headaches.

Reading between the lines, it seems that you have contacted the police about this issue before this instance. You should have your property surveyed and establish a property line. If your neighbor, or the trespasser continues, you should document the violations of your property rights and then seek a restraining order in the Superior Court in your county. If the person continues to violate the order after being obtained, then you can seek redress from the court.