Towed From A Private Lot
G.L. c. 266, § 120D — the police told first, and no charges if the section was not followed
In Massachusetts, no one may remove a vehicle parked on a private way or on improved or enclosed property unless its operator was forbidden to park there, directly or by posted notice, by the person in lawful control of the property.
The police are notified before the tow. Without the vehicle owner's consent, the vehicle may not be removed unless the person in lawful control has first notified the chief of police or a designee, in writing unless the chief specifies otherwise, giving the address it is removed from and taken to, the registration number, and the names of the person in control and of the business removing it.
Limits on the bill. The registered owner's liability for removal and storage cannot exceed the maximums set for towing ordered by the police or other public authority, and a person lawfully holding the vehicle may keep it until those charges are paid. If the owner appears before the towing is completed, the tower may charge one half of the usual fee.
Not followed in full, no charge. A person who removes or holds such a vehicle without having complied in full with the section releases it to its owner without assessing any charges for removal or storage. Removing a vehicle without notifying the police or obtaining the owner's consent carries a fine of not more than one hundred dollars, and so does the employer.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe tow company can hold the car no matter what | What the law actually doesIf the section was not followed in full, the car is released without charges |
| The assumptionPrivate towing has nothing to do with the police | What the law actually doesThe chief of police is notified before the tow |
Local ordinances, fee schedules and police ordered impounds are not all on this page. Whether a particular tow was lawful is a question for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 266, § 120D — Removal of motor vehicles from private ways or property; penalties; liability for removal and storage charges; release of vehicle
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.