An easement is a right of use over the land of another for a specific purpose. Easements may be either express or implied.
Express
Easements – An express easement is created by contract, deed, or other
written instrument which sets forth the location, dimensions, and
permissible use of the easement.
Implied
Easements – An implied easement may be found based upon the intent of
the parties and the circumstances surrounding the transaction which gave
rise to the claim of easement. There are several kinds of implied
easements.
Easement
By Prescription – An easement by prescription may be acquired by
demonstrating a continued, uninterrupted use of the land over which the
easement is claimed for a period of twenty years. Under Massachusetts law, there is a
presumption that the uninterrupted and continuous use of an easement for
the prescriptive period is under claim of right and adverse to the true
owner of the land.
Easements
By Necessity – To establish an easement by necessity, a claimant just
prove three elements:
1.
That at one time there was unity of title
between the dominant estate (the property which benefits from the easement) and
the servient estate (the property which is burdened by the easement);
2.
That unity of title was severed by conveyance;
and
3.
That the necessity for the easement arose as a
result of the conveyance.
Massachusetts courts will look at all the facts and circumstances within the knowledge of the parties to the transaction in an effort to ascertain and carry out their true intent.
Easement By Implication From Prior Use – An easement by implication from prior use arises in instances where a common owner of land uses one part of his land to benefit another part of his land and that use is so obvious and apparent that when he conveys the portion of the land that is benefited by his prior use, there is a presumption that he intended to convey with it an easement over the land he retained.
Easements By Estoppel – Massachusetts courts allow for the creation of easements by estoppel in two ways:
1.
When a grantor conveys land bounded by a street
or way, he and those claiming through him are estopped from denying the
existence of that street or way and the easement acquired by the grantee is not
only coextensive with the land conveyed, but runs the entire length of the
street or way as it is then laid out or clearly indicated and prescribed.
2.
When land situated on a street is conveyed
according to a recorded plat or plan on which the street is shown, the grantor
and those claiming under him are estopped from
denying the existence of the street for the entire distance as shown on
the plat. Moreover, an easement by estoppel in favor of the grantee applies to
all the streets and ways shown on the plat that the grantee might reasonably
have expected he'd have the right to use.
Easement issues typically arise in relation to allegations of:
If you have questions about Massachusetts easement law or are involved in an easement dispute, you should consult with a real estate attorney. A qualified real estate attorney can help you understand how the law applies to your situation and if the need for litigation arises, he can advise you on the best course of action.
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