Massachusetts General Laws

Mass. Gen. Laws ch. 84, § 21 (2026)

Notice to owner of private property

✓ current as of July 2026

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Section 21. Sections eighteen, nineteen and twenty shall apply to actions against persons founded upon the defective condition of their premises, or of adjoining ways, when caused by or consisting in part of snow or ice resulting from rain or snow and weather conditions; provided, that any such notice may be given by posting it in a conspicuous place on said premises and by leaving it with any person occupying the whole or any part of said premises, if there be such a person, and no such notice shall be invalid by reason of any inaccuracy or misstatement in respect to the owner's name if it appears that such error was made in good faith and did not prevent or unreasonably delay the owner from receiving actual notice of the injury and of the contention that it occurred from the defective condition of his premises or of a way adjoining the same. Failure to give such notice shall not be a defense under this section unless the defendant proves that he was prejudiced thereby.

Notes of Decisions

Cited in 29 cases, 1921–2018 · leading case: Commesso v. Hingham Hous. Auth. Hingham, 507 N.E.2d 247 (Mass. 1987).

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Commesso v. Hingham Hous. Auth. Hingham, 507 N.E.2d 247 (Mass. 1987). · cites it 5× “The notice, captioned as being pursuant to G. L. c. 84, § 21, 1 was served to Gretchen Condon, manager and “duly authorized agent” for the authority, and was posted on the front of the building where the incident occurred.”

Martinez v. Harvey, 1992 Mass. App. Div. 79 (Mass. Dist. Ct., App. Div. 1992). · cites it 4× “As the plaintiff s complaint alleges injuries sustained in consequence of an unnatural accumulation of snow and ice on private property rather than on a public way, this case is governed by the statutory requirements for notice to owners of private property set forth in G.L.c.…”

DeSisto's Case, 220 N.E.2d 923 (Mass. 1966). · cites it 2× “152 because of his failure to give the snow and ice notice within thirty days of injury as required by G. L. c. 84, § 21. The insurer alleges also an estoppel of the employee or, alternatively, a waiver of his right to claim compensation based on the facts found by the reviewing…”

Capozzi's Case, 347 N.E.2d 685 (Mass. App. Ct. 1976). “348 (1966), the court refused to allow an estoppel against an employee who had failed to give the third party a snow and ice notice under G. L. c. 84, § 21. It gave no indication of the circumstances under which an estoppel could be asserted in connection with § 15.”

Mahoney v. Perreault, 175 N.E. 467 (Mass. 1931). “It is not contended by the defendant that the plaintiff was not in the exercise of due care, or that the notice required by G. L. c. 84, § 21, as amended by St. -1922, c.”

DePrizio v. F. W. Woolworth Co., 291 Mass. 143 (Mass. 1935). “The decisive question here presented is whether the statute, G. L. c. 84, § 21, as amended by St. 1922, c.”

Sixty-Eight Devonshire, Inc. v. Shapiro, 202 N.E.2d 811 (Mass. 1964). “The defendant has argued that the plaintiff’s opening established that the alleged damage was caused at least in *183 part by snow or ice and that since the notice requirement provided for in G. L. c. 84, § 21, was not met, the defendant’s motion for a directed verdict was…”

Mirick v. Galligan, 360 N.E.2d 1045 (Mass. 1977). “Neither party has addressed the import of G. L. c. 84, § 21, requiring notice in actions founded on defective conditions caused by snow or ice.”

Baldassari v. Produce Terminal Realty Corp., 282 N.E.2d 649 (Mass. 1972). “” Although Produce was the actual owner of the facility where the accident occurred, Boston was the parent company of Produce, and maintained office space in the facility as a tenant of Produce.”

Tiffany v. F. Vorenberg Co., 130 N.E. 193 (Mass. 1921). “See G. L. c. 84, § 21. He elected to go to the jury only on the first count of his declaration, which alleged that it was the duty of the defendant immediately after the fire to clear away the broken glass, and to see that no harm came to persons using the sidewalk, either from…”

MacLachlan v. Bhd. Oil Corp., 404 N.E.2d 1272 (Mass. App. Ct. 1980). “1. Whether the provisions of G. L. c. 84, §§ 18-21, apply to circumstances presented here.”

Regan v. Atl. Refining Co., 44 N.E.2d 669 (Mass. 1942). · cites it 2× “See G. L. c. 84, § 21, as inserted by St. 1930, c.”

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