Mass. Gen. Laws » Part III Title III Chapter 243
Massachusetts General Laws

Mass. Gen. Laws ch. 243, § 1 (2026)

Judgment for abatement of nuisance

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 1. If the plaintiff prevails in tort for a nuisance, the court may, in addition to the judgment for damages and costs, enter judgment that the nuisance be abated and removed and may issue execution for the damages and costs and a separate warrant to the proper officer, requiring him to abate and remove the nuisance at the expense of the defendant as public and common nuisances are abated and removed.

Notes of Decisions
Cited in 3 cases, 1995–2009 · leading case: Fortier v. Town of Essex, 752 N.E.2d 818 (Mass. App. Ct. 2001).
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Fortier v. Town of Essex, 752 N.E.2d 818 (Mass. App. Ct. 2001). · cites it 2× “6 We need not discuss the availability of §§ 6 & 9; see the discussion, infra, under G. L. c. 243, § 1. 5. Cross appeal. Prior to trial, the town filed a motion to dismiss the trespass claim for failure to comply with the present *267 ment requirement of the Massachusetts Tort…”
Camacho v. Basteri, 4 Mass. L. Rptr. 490 (Mass. Super. Ct. 1995). “For this reason, it is appropriate that Count II of the complaint be dismissed.”
Drury v. Drury, 25 Mass. L. Rptr. 513 (Mass. Super. Ct. 2009). “See G.L.c. 243, §§1, 5. Even though Steven is not the record owner of 18 Druiy Lane, his status as a family member and permanent resident caretaker of the property for the owner permits him to bring an action for nuisance.”
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