Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 120B (2026)

Entry on land by abutting property owners not constituting trespass

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 120B. Whoever, being the owner of land abutting that of another, the building or buildings on which are so close to the land of such other person as to require an entry on said abutting land for the purpose of maintaining or repairing said building or buildings in order to prevent waste, shall not be deemed guilty of trespass or liable civilly for damages, provided that such entry is made expeditiously and in the exercise of due care and that no damage is caused by such entry to the land or buildings of said abutting owner. Before such entry said owner shall notify the chief or other officer in charge of the police department of the city or town in which the land is located that he has requested permission to enter on adjoining land from the owner or occupants thereof for the purpose of maintaining or repairing a building or buildings and that such permission has been refused, and that he intends to enter under the provisions of this section. Before entering on said land, said owner shall post bond with the chief of police in the amount of one thousand dollars to protect the adjoining land owner from damage caused by said entry. No person so entering on land of another shall store material or tools thereon for more than eight hours in any one day nor shall he continue to enter thereon for more than thirty days in the aggregate in any calendar year. After said entry, said owner shall in all respects restore said adjoining land to the condition in which it was prior to said entry.

Notes of Decisions
Cited in 2 cases, 2001–2011 · leading case: Brandao v. DoCanto, 951 N.E.2d 979 (Mass. App. Ct. 2011).
Brandao v. DoCanto, 951 N.E.2d 979 (Mass. App. Ct. 2011). “DoCanto also sought protection under G. L. c. 266, § 120B, which, subject to certain conditions, permits owners of closely abutting properties to enter upon their neighbors’ property for up to thirty days in order to maintain or repair buildings on their own property.”
Rubin v. Walpate Constr. Mgmt., Inc., 13 Mass. L. Rptr. 340 (Mass. Super. Ct. 2001). · cites it 2× “6 Under G.L.c. 266, §120B, a landowner shall not be deemed guilty of trespass or liable civilly for damages if he enters the property of an abutting landowner over the latter’s objection when necessary to maintain or repair buildings located close to the abutting land.”
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