Massachusetts law denies adverse possession of property owned by the Commonwealth or its municipalities

When a dispute arose between the Cambridge Housing Authority and its neighbors over the location of a fence, the Massachusetts Land Court applied a statute that denies adverse possession of government-owned property, Mass. Gen. Laws ch. 260, §31, when that property is held for public purposes. Some other states have done away with sovereign immunity from adverse possession claims but this case reminds us that some states have the older immunity rule. Vasquez v. Cambridge Hous. Auth., 2022 WL 3331567 (Mass. Land Ct. 2022). In this case, the trespassory invasion was a fence rather than a building and the court ordered the fence removed or moved to the proper boundary so it no longer encroached on government land.