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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Massachusetts Easement for Driveway: Explained In Massachusetts, an easement for a driveway is a legal right granted to one party to utilize a portion of another party's property for the purpose of accessing their own property. This right ensures that the property owner, who may not have direct access to a public road or street, has a legal pathway for ingress and egress. There are various types of easements for driveways recognized in Massachusetts, each serving different purposes based on the specific circumstances of the properties involved. Some common types include: 1. Appurtenant Easement: Also known as a "benefitted" easement, this type is attached to a specific property and benefits its owner. For example, if property A lacks direct access to a street, but property B adjacent to it has access, property A may hold an appurtenant easement granting them the right to use a portion of property B's driveway for access. 2. Easement by Necessity: This type of easement arises when a property owner has no other reasonable means of accessing their property. It can be established if someone buys a landlocked property and requires a legal right of access through an adjacent property to reach theirs. 3. Easement by Prescription: Also known as an easement by adverse possession, this type of easement is obtained through continuous, uninterrupted, and exclusive use of another person's property for a statutory period of time, typically 20 years in Massachusetts. If someone has been using another person's driveway openly without permission for the required duration, they may acquire a legal easement by prescription. 4. Private Road Easement: In cases where multiple properties share a driveway or a private road, a private road easement may be established. This easement grants the property owners equal rights to use and maintain the driveway or road for accessing their respective properties. When an easement for a driveway is created, it is typically recorded in the county registry of deeds where the properties are located. This ensures that the easement is enforceable and known to future property owners. It's crucial to note that the specifics of Massachusetts easements for driveways can vary, and legal advice should be sought to fully understand one's rights and obligations associated with such easements. Property owners should consult with an experienced real estate attorney to draft or review easement agreements to protect their interests and clarify any potential conflicts or limitations.
