# Mass. Gen. Laws ch. 242, sec. 8: Involuntary trespass; tender of damages

> Massachusetts · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S8

## Section

- **Citation:** Mass. Gen. Laws ch. 242, sec. 8
- **Heading:** Involuntary trespass; tender of damages
- **Jurisdiction:** Massachusetts
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MA Code / Part III / Title III / Chapter 242 / Section 8

## Text

Section 8. A trespasser, if the trespass was casual and involuntary, may, before an action is commenced, tender the damages and, upon action brought, disclaim title and allege the tender and that the trespass was casual and involuntary; and if it is found that the allegations are true and if he has deposited with the court the amount of his tender at the time of filing his answer and the damages assessed are not more than the amount tendered, he shall recover costs. Such tender may, subject to the same provisions, be made after the action has been commenced with like effect, if it covers the costs to the time of tender.

Section 8. A trespasser, if the trespass was casual and involuntary, may, before an action is commenced, tender the damages and, upon action brought, disclaim title and allege the tender and that the trespass was casual and involuntary; and if it is found that the allegations are true and if he has deposited with the court the amount of his tender at the time of filing his answer and the damages assessed are not more than the amount tendered, he shall recover costs. Such tender may, subject to the same provisions, be made after the action has been commenced with like effect, if it covers the costs to the time of tender.

## Nearby sections

- [Mass. Gen. Laws ch. 242, sec. 1 Waste; persons entitled to maintain; jury trial](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S1.md)
- [Mass. Gen. Laws ch. 242, sec. 2 Actions of tort in nature of waste; persons entitled to maintain](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S2.md)
- [Mass. Gen. Laws ch. 242, sec. 3 Actions in tort in nature of waste; when maintainable against representatives](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S3.md)
- [Mass. Gen. Laws ch. 242, sec. 4 Triple damages for waste; liability of co-tenant](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S4.md)
- [Mass. Gen. Laws ch. 242, sec. 5 Actions for triple damages](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S5.md)
- [Mass. Gen. Laws ch. 242, sec. 6 Triple damages for waste during pendency of action for recovery of land](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S6.md)
- [Mass. Gen. Laws ch. 242, sec. 7 Willful trespass to trees, etc.; damages](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S7.md)
- [Mass. Gen. Laws ch. 242, sec. 7A Agricultural or horticultural land; theft or destruction; treble damages](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S7A.md)
- [Mass. Gen. Laws ch. 242, sec. 7B Damage by off-highway or recreational vehicle to field crops or agricultural property; treble damages; definitions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S7B.md)
- [Mass. Gen. Laws ch. 242, sec. 8 Involuntary trespass; tender of damages](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S8.md)
- [Mass. Gen. Laws ch. 242, sec. 9 Enjoining waste; jurisdiction; bond](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PIII_TIII_C242_S8. Check the current official text before relying on it. Not legal advice.