Phillips & Angley

About express and implied easements

In a busy and crowded place like Boston, space is at a premium. It's places like this where express and implied easements are more common. This is because, with space at a in such high demand, there are more 'common' spaces. Implied and express easements are often in place in situations in which many people are seeking access to a place, and space is limited. So how do you know if the property is subject to an express or implied easement?

In layman terms, an express or implied easement arises in a situation when a property owner's land is needed to access other property, whether public or private. For example, an alleyway owned by the property owner could be subject to an implied easement if it is needed to access a nearby parking garage. Express easements are put into writing, while implied easements are assumed even when no document proving the easement has been put into place.

Sometimes, an implied easement may have been in place for many years, without the property owner realizing it. Then, an event happens in which the easement is called into question. It wouldn't hurt for a property owner to consider making an implied easement into an express one to document the liability and expectations of owner and those who access the property. This way, the land owner can also gauge their responsibilities in terms of the property and where their liability ends for people who access it.

Those who access a person's property via an easement are expected to practice due care and to be respectful. Failure to do so could result in trespassing or other charges. It isn't usually something that comes up, but it's good to know that these situations can arise.

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