Massachusetts General Laws

Mass. Gen. Laws ch. 81, § 22 (2026)

Prescriptive rights of adjoining owners

✓ current as of July 2026

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Section 22. No length of possession, or occupancy of land within the limits of a state highway by an owner or occupant of adjoining land shall give him any title thereto, and any fences, buildings or other objects encroaching upon a state highway shall, upon written notice by the department, be removed within fourteen days by the owner or occupant of adjoining land, and if not so removed, the department may either remove the same to such adjoining land or such encroaching objects, other than a building used for residential purposes, may be removed by the department forces and shall be placed in the nearest maintenance area of the department. Notice by certified mail, return receipt requested shall be given to the owner stating where such encroaching object is located and further stating that if not claimed within three weeks said object may be destroyed.

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Carmel v. Baillargeon, 487 N.E.2d 867 (Mass. App. Ct. 1986).

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Carmel v. Baillargeon, 487 N.E.2d 867 (Mass. App. Ct. 1986). “See, for example, G. L. c. 81, § 22, and c. 86, § 3, which prohibit diminution through adverse possession of a State highway or a public way.”

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