Perhaps you have some rural hunting property with a cabin that does not have any road access. Historically, your neighbor whose property abuts the road always allowed you to drive up their driveway and then veer off to the side onto your property. You haven't had to...
Utility companies provide crucial services to help homes become habitable and businesses perform basic functions. Gas, electrical, water and sewer service are the most crucial utilities provided by private companies, although telecommunication utility providers also...
Easements offer property owners a way to solidify the need to access another property owner’s land. These legal documents serve as a tool to help outline the use of the land, offering protection to both property owners. Although generally beneficial these agreements...
In the Boston metro area, many homes have power lines, gas lines or other utility lines over or under the property. This is usually a sign that the utility company has an easement over the land. An easement grants another party the right to access a property owner’s...
Property locations can pose a challenge in Massachusetts. If you own a large section of land, there might be people who want to go hiking, fishing, or hunting on your property. You might also have people who want to cross through your property to get from one place to...
Having discussed what easements are, and how easements are created, this Part III of our series on easement basics will address how easements cease to exist-are extinguished or terminated. Once granted, an appurtenant easement generally has perpetual existence, as it...
In this part II of our series on easement basics, we will discuss how easements are created. Broadly-speaking, easements are established in three ways: by (1) express grant/reservation; (2) implication; and (3) prescription. As to each of these theories, "[o]ne...
A significant percentage of our case load, here, at , involves disputes over easements, also known as use rights, particularly over access and private way issues. Easement law comprises some of the oldest law in the United States, as we...
Boston area property developers are familiar with the many nuance that come with purchasing and developing property in the area. Most properties require many permits, approvals, etc. One thing a buyer should be aware of is any existing easements that may affect a...
Boston area property developers often understand that development can be complicated. One of the issues that frequently comes up are easement disputes.When right-of-way disputes come up it is important for a person to have an experienced legal team. Easement issues...
