An easement gives someone a right to use or enter the land of another person without possessing it. Many people are unsure about what rights an easement can grant them and the various legal problems that can come from someone’s interpretation or implementation of an easement. We have created this guide to help you understand the basic information about Massachusetts easement law, how they are created, how they can be terminated, and how they can affect you.
Easements Affect Real Estate and Property Owners
An easement affects both commercial and residential property owners on a fundamental level. Given how complex Massachusetts’ easement laws and principles can be, it is crucial to contact our real estate easement attorneys at Calabrese Law Associates who are based in Boston and are experienced in working with easements. Zoning and easement issues tend to arise together, which means there are several situations in which our firm’s attorneys can be helpful.
For example, you may need to expand your business location beyond the existing boundaries to offer additional parking. A neighboring business may agree to an easement and thus, allow you to expand parking onto their lot. However, as time goes on your neighbor may change their mind and ask you to no longer use their lot for additional parking. When these types of disputes arise, our firm’s easement attorneys are there to help clients resolve the situation in a smart and advantageous manner.
As another example, you may decide to build a parking lot, balcony, or new building on your own commercial property. Yet, even if you are constructing within your own property boundaries, your new expansion may affect your neighbor’s use of their real estate and lead to a costly and stressful legal dispute. Working with the land use attorneys at Calabrese Law Associates before commencing such a construction project will help prevent these types of legal problems from arising. Our firm would review your building plans and related construction documentation to ensure that your planned construction does not encroach on the neighboring lot, does not violate zoning or building code regulations, and complies with Massachusetts easement laws.
In these examples and in many other situations, our firm’s easement attorneys can push for an amicable resolution to a disagreement or seek to have an easement granted.
Types of Easements
There are two types of easements, known as affirmative easements and negative easements:
- Affirmative easement: This type of easement gives the holder of the easement the right to be on another’s land to do something, such as lay utility lines and access their land-locked property.
- Negative easement: This type of easement allows the holder of the easement to prevent the landowner from doing something that would be permissible otherwise, such as constructing a building that blocks the easement holder’s scene view, performing any act that may affect the structural integrity of the easement holder’s house, or redirecting a natural water stream away from the easement holder’s pond.
Moreover, the application, also known as the scope or purpose, of the easement is determined by its terms of grant or condition that created the easement. The scope or purpose of an easement cannot be expanded or changed by the person holding the easement. Simply using the easement for something outside its defined purpose does not change or eliminate any limitations associated with the easement.
How Easements Are Created
Easements are created in a variety of ways, including:
- Prescription: An easement can be acquired by satisfying all the elements of adverse possession — including continuous use for the statutory period, open or notorious use, actual use, and hostile use, which is use without the consent of the owner of the land affected by the easement. Permission defeats the “hostile” element, and thus, precludes the creation of an easement by prescription.
- Implication: An easement is implied from an existing use if the previous use was apparent, the parties involved expected that the easement would continue, and the use of the easement is reasonably necessary to the use and enjoyment of the land owned by the easement holder.
- Necessity: This is an easement in which the right of way is implied by necessity if the seller of the property sells a portion of his land that has no way to exit except over part of the seller’s remaining lot. In Massachusetts, a necessary easement is only created if a buyer of land-locked property has no way of accessing their land without an easement.
- Grant: This is an easement that will last more than one year, which is in writing and complies with the formal elements of a deed. Written evidence of an easement is a deed of easement.
This is a diagram of a necessary easement:
How Can An Easement Be Terminated?
Easements can be terminated in a number of ways:
- Estoppel: The easement holder is stopped or barred from enforcing the easement when the owner whose property is affected by the easement materially changes their position in reasonable reliance on the easement holder’s assurances that enforcing the easement will not occur.
- Necessity: An easement terminates when the need for the easement, the “necessity,” no longer exists. However, an easement that is expressly granted and attributable to a necessity, will not automatically terminate when the necessity ends. For example, an easement granted to access the land-locked property at the time of purchase. If road access becomes available to the land-locked property sometime after purchase, the original easement will not automatically terminate.
- Destruction: The destruction of the land affected by the easement will terminate the easement unless the destruction was through the willful conduct of the landowner.
- Condemnation: The condemnation of the land affected by the easement through eminent domain terminates the easement.
- Release: The easement holder will give a written release to the owner of the land affected by the easement that will terminate the easement.
- Abandonment: An easement holder is deemed to have “abandoned” their easement if they demonstrate by physical action an intent to never use the easement again.
- Merger doctrine: Generally, an easement is terminated when the ownership of the easement and ownership to the land affected by the easement become owned by the same person.
- Prescription: The interference with any element necessary to acquire an easement by prescription will terminate the easement.
Related concepts such as land use and zoning can also affect how your land is used — and what your neighbors can do to impact your property. In many situations, this complex area of the law will require consultation with an experienced easement attorney.
Why You Need an Easement Attorney
There are many reasons why you may need to consult with our firm’s Boston-based real estate easement attorneys, including:
- You are purchasing a new property, either commercial or residential, and need to know whether any easements could affect your use of the property.
- There is an existing dispute involving an easement issue.
- There is a zoning or land use dispute with your landlord or neighbors.
- You wish to expand a commercial building to accommodate your growing business without affecting surrounding properties or infringing upon their boundary lines.
When you buy your property, you may assume you can do whatever you like with it because it belongs to you. However, you will quickly realize there many Massachusetts easement laws and regulations that may affect your use of your real estate. All but the most minor development and renovation projects will require paperwork and approval.
In addition, the development and actions of your neighbors can affect your own ability to enjoy your property. Whether you wish to avoid disputes or you need assistance in addressing an ongoing disagreement about land use, speaking with a qualified attorney can help you secure the information and support you need to move forward with confidence.
Learn More About Easement by Contacting Us at Calabrese Law Associates
If you would like to speak to an easement attorney in Boston, contact us today at Calabrese Law Associates for a free consultation. Our legal team is the legal representation and advisor of choice for many local businesses because we have an experienced team and a reputation for high-quality legal service.
*This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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