Menu Close

No Trespass

Overview

Property owners and individuals in lawful control of property in Massachusetts have the right to prohibit specific individuals from entering or remaining on their property. This is commonly referred to as issuing a No Trespass Notice.

Under Massachusetts law, a person who enters or remains on property after being notified not to do so may be subject to arrest and criminal charges.

Massachusetts Law

Massachusetts General Law (M.G.L. c. 266, §120) provides that:
A person who enters or remains on property without permission after being forbidden may be charged with trespassing.
Notice may be given:

  • Directly (in-hand)
  • By written notice
  • By posted signage
  • By court order (e.g., restraining orders)
  • A person found committing trespass may be arrested without a warrant.

Purpose of a No Trespass Notice
A No Trespass Notice documents that:

  • The individual has been formally notified that they are not permitted on a specific property, and
  • The property owner or designee has taken steps to establish legal notice, which is required for enforcement.

This documentation helps law enforcement take appropriate action if the individual returns to the property.

How to Issue a No Trespass Notice

1. Complete the Notice Form
Fill out the No Trespass Notice form with:

  • The name and information of the person being prohibited (if known)
  • The property address
  • The name and signature of the property owner or authorized designee

2. Serve the Notice
The notice must be properly delivered to the individual using one of the following methods:

  • In-hand service
  • Certified mail (return receipt requested)
  • Service by a Sheriff or Constable
  • Service by an authorized agent

3. Document Service
Record:

  • Date and time of service
  • Method of service
  • Name of the person completing service

After Service is Completed

Once the notice has been served, copy of the completed form must be submitted to the Tyngsborough Police Department for recordkeeping. This allows officers to verify that proper notice was given if future enforcement is required and time of service
As noted on the form:
“A copy of this notice with the date and time of personal service will be filed with the Tyngsborough Police Department.”

Important Considerations

  • A No Trespass Notice does not prevent someone from accessing property where they have a legal right to be (e.g., tenants, lawful occupants).
  • This process is intended for private property enforcement, not civil disputes over ownership or tenancy.
  • If there is an immediate issue or threat, residents should contact the Police Department directly.

Need Assistance?
If you have questions about completing or serving a No Trespass Notice, or whether this process is appropriate for your situation, please contact the Tyngsborough Police Department for guidance.