Phillips & Angley Blog

Many commercial property owners in Boston have had to create an easement for their property. There are many reasons why an easement may be necessary. An easement gives another person the right to use the land for a specific purpose. Sometimes, a person needs access to their property through another person's property, which may require an easement. Or, a building may be accidentally built on another person's property, which can result in an easement necessity.

An easement is usually recorded in the property title with the county. But, potential problems can arise if an easement is not recorded. There are three types of easements that can govern a property. One is an easement in gross. This is where the easement is recorded and described in a deed. These easements are given to a certain person or business, such as a utility company.

When you buy a piece of property in Massachusetts, you do so with a specific purpose in mind. Perhaps you want to build a home for your family, or maybe you want to build a space for your business. It is possible that you want to develop the land or operate rental property. Whatever your plans may include, it is likely that zoning laws will impact them. 

Before you buy property, it is smart to understand what the zoning classification is for that piece of property. This can save you a significant amount of stress and complication in the future. When there are issues with land use and zoning laws, it can be costly and stressful. It is prudent to work to avoid these or to seek a reasonable resolution in a timely manner.

Although Massachusetts land owners and developers often complain that local land use and zoning regulations can make new developments difficult, local governments do sometimes work with private industry to promote new ideas for land use, sometimes with great results. One tool local government uses is known as Tax Increment Financing.

The city of Worcester used a Tax Increment Financing program for a massive redevelopment project that involved relocating and expanding an entire hospital. Partnering with the historic St. Vincent's Hospital, the city guided the development of the new Worcester Medical Center in its downtown. The Tax Increment Financing program worked by giving the Worcester Medical Center tax exemptions for 18 years in exchange for promises from the hospital, including a $250 million investment in new facilities.

It's frustrating to learn that you may not be able to use your Massachusetts property like you want to. An easement can affect what you hope to accomplish with your property, or it may mean that certain parties will have access to your land for a specific reason. If you learn about an easement, you will want to find out everything you can about what this means for your specific situation. 

An easement is the right to use land for a specific purpose, even if that land does not belong to you. In your case, an easement on your land could mean that someone else could come onto, drive on or enter your property for a specific reason. There are different types of easements, and you would be wise to learn about the type of easement that affects your land and how you can protect your property rights.