Massachusetts Easement Law

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.

Types of Implied Easements in MA

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

Easement issues typically arise in relation to allegations of:

  • Misuse;
  • Interference;
  • Abandonment; and
  • Encroachments.

Help from a Real Estate Attorney in Massachusetts

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.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Get Professional Help

Talk to a Real Estate attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you