Legal Question in Civil Litigation in Massachusetts

Notice of Trespass

I am an a manager of a privately owned establishment opened for public use. I would like to issue a Notice of Trespass against a patron. This patron has never caused trouble at this establishment in any way, but another patron, who has been coming here for over 20 years, asked to do so because they were involved in litigation. Can I just ask for a Notice of Trespass against this patron or do I have to show just cause?


Asked on 10/14/05, 10:02 am

1 Answer from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: Notice of Trespass

Massachusetts General Laws: Chapter 266, Section 120. Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted.

Please see above, statute under M.G.L. chap. 266, section 120 and other pertinent statutes.

My suggestion to you is to confer with an attorney. Although, it is your private property you have a right not to serve someone. But here is your problem, if this individual can allege that your actions were based on a legal discrimination reason for your non-allowance of their presence, you could open a whole can of worms for yourself. Based on the fact, there is really no just cause for you doing so. I.E. if the person is of a different origin/race/gender, etc. Although, that may not be your reason, do you want to test those waters? However, if they cannot name any legal discrimination again, you do have the right to disallow an individual from your private property without reason as solongas, it is for a non-discriminatory reason under the laws. Good luck. Remember, my advice would be to consult an attorney prior to doing same. Sincerely, Maria Murber

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Answered on 10/14/05, 1:09 pm


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