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Easements Archives

Easement Basics Part II: How Easements Are Created

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 claiming the benefit of an easement bears the burden of proving the existence of that easement on the servient estate." Hickey v. Pathways Ass'n, Inc., 472 Mass. 735, 753-754 (2015). This burden extends to the extent and scope of any use rights over the Right of Way. Swensen v. Marino, 306 Mass. 582, 583 (1940) (scope); Hamouda v. Harris, 66 Mass. App. Ct. 22, 24 n. 1 (2006) (extent). Each theory of easement creation will be addressed in turn.

Easement Basics Part I: What They Are, Appurtenant Versus Personal Easements, and the Taxonomy of Claims

A significant percentage of our case load, here, at Phillips & Angley, 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 inherited many of the legal concepts and rules from England, in Colonial times. It has its own terms of art, causes of action and particular rules, developed over the centuries as the common law has evolved. This is the first in a series of posts that are intended to give a basic primer on these issues.

Information about existing easements before purchasing property

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 property.

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