Phillips & Angley

Implied easements: what are they and what do they mean for me?

Legal issues related to property are complex, and they can be difficult to understand for a person who is unfamiliar with and does not understand real estate and property laws. When it comes to navigating some of the complex issues that can arise, it is useful to work with a lawyer with experience in Massachusetts property law.

Easements are some of the most complicated matters to address when it comes to your property rights. Having an easement means that you have a non-possessing yet legally binding interest in another person's property. As an example, an easement would allow you to enter private property if it is the only way to gain access to public property.

What is an implied easement?

An implied easement is one that exists without any informal documentation or contract. True to its name, one can recognize an easement by the situation or generally understand it by the circumstances of the individual situation. Often, implied easements are the result of a large parcel of land divided into smaller parcels. These types of easements must meet the following requirements: 

  • Proof must exist that the easement is reasonably necessary for the enjoyment of the property.
  • The need for the easement must have existed prior to the division of the property or sale of the property.
  • A division must take place of the land in question, the owner must be selling part of the property while retaining another, or the owner must subdivide the property and sell it to new, individual owners.

Misunderstandings regarding easements can be complex, and property owners would be wise to take quick action to protect their interests in the event that a dispute arises over an implied easement. Proving your case can be complicated, and reaching a beneficial resolution to your concern may require time, patience and a close knowledge of property laws.

Why you need experience on your side

When a legal issue affects your personal property or your ability to enjoy your personal property, there is no time to lose in securing legal help. You will benefit from the guidance of an attorney who will not only fight for your interests, but who will also aggressively pursue a positive outcome for you.

When it comes to issues involving easements and your property rights, experience counts. You do not have to navigate these complicated matters by yourself, but would be wise to seek a case evaluation with a legal professional as soon as possible.

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