An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Massachusetts Easement for Access to Property: A Detailed Description In Massachusetts, an easement for access to property is a legal right granted to an owner or occupant of a property, allowing them to access their property through another person's land. This easement ensures that property owners can reach their land without obstruction, even if it means crossing someone else's property. There are different types of easements for access to property in Massachusetts, each with its own specific characteristics and implications. Understanding these different types can help property owners navigate their rights and responsibilities. The most common types of easements for access to property in Massachusetts are: 1. Affirmative Easement: This type of easement grants the dominant property owner the explicit right to use a specific portion of the serving property for access purposes. The serving property owner must allow access and cannot obstruct the dominant property owner's right to access their property. 2. Negative Easement: A negative easement is the opposite of an affirmative easement. It restricts the serving property owner from obstructing the dominant property owner's access to their property. It ensures that the access route remains unblocked, such as specific driveways or pathways leading to the dominant property. 3. Express Easement: An express easement is created through a formal, written agreement between the dominant and serving property owners, often documented in the property's deed or a separate easement agreement. This agreement clearly defines the terms, conditions, and scope of the access easement. 4. Implied Easement: Implied easements arise from specific circumstances or actions and are not explicitly documented in writing. They can be inferred from the actions, intents, or historical use of the properties involved. Massachusetts recognizes two types of implied easements: a. Easement by Prior Use: This implied easement is created when two properties were previously under common ownership, and one property was subdivided or sold off. The easement arises from the prior use of the divided property to access certain areas or resources, which would be impractical or rendered useless without the easement. b. Easement by Necessity: Easement by necessity is established when a property owner or occupant is landlocked and has no other reasonable means of accessing their property. The court recognizes this easement as necessary for the reasonable enjoyment and use of the landlocked property. 5. Prescriptive Easement: A prescriptive easement is acquired through continuous, uninterrupted, and open use of another's property for a legally specified period without the owner's permission. In Massachusetts, the required time period for establishing a prescriptive easement is 20 years. It is important to note that navigating easement rights can be complex, and legal advice from an attorney experienced in Massachusetts real estate law is advisable for property owners seeking to establish or clarify their easement for access to property.
