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Posts tagged "Easements"

We can help when easements result in right of way disputes

Being a land owner or property owner is not only a respectable accomplishment, but a big responsibility. Not all property owners in Massachusetts use their land or property for personal uses. Some decide to open their property up to the public or open their property to other parties with an easement agreement. However, these agreements can go awry if a dispute about the land causes a rift between the parties.

Big View Trail accessible for years to come through easement

Nature-lovers rejoice with one of Massachusetts latest reports of an easement deal that will allow a popular hiking trail to be open to the public for years to come. Easements come into play when private lands are put to public use. The benefit to the private land holders is financial compensation and the benefit is that the public has a preserved area to visit for years to come and enjoy. This easement is roughly 100 acres off Unquomonk Road in Williamsburg.

What is an easement?

Easements are an important part of property law to understand. They can also sometimes be complex to understand which is why landowners should be familiar with how easements work and ensure they have all their questions about easements answered.

What is an easement?

Easements are an important part of property law to understand. They can also sometimes be complex to understand which is why landowners should be familiar with how easements work and ensure they have all their questions about easements answered.

It's your land, isn't it? The answer could be yes and no

You want to purchase a piece of property. As you review the deed and legal description of the property, you discover that someone else has the right to use a portion of it. Easements are fairly common, but that does not mean that you shouldn't review them to determine how they will affect your use of the property.

PRIVATE WAY MAINTENANCE AND REPAIR RIGHTS AND OBLIGATIONS, PART I: COMMON LAW

Massachusetts contains thousands of private streets and ways; on and along those ways innumerable residents of this Commonwealth live. We know that the Derelict Fee Statute operates to resolve ownership questions regarding these private ways. However, the "statute pertains only to the question of ownership of the fee [in a private way]"; it does not govern use, maintenance, or other rights and/or obligations over a way, which, for the purposes of this blog post, fall within the province of the common law of easements. Adams v. Planning Bd. of Westwood, 64 Mass. App. Ct. 383, 389 (2005).

Do utility easements affect site development plans?

Utility easements are something most business owners probably do not even think about until it affects their site planning and development. Suddenly, they find themselves wondering not only what a utility easement is, but also how to circumnavigate the restrictions that come with these easements.

PARTITION, LANDLOCKED PARCELS, & EASEMENTS: A RECENT CASE

A few weeks ago, the Appeals Court issued a decision that potentially affects several landlocked parcels in Aquinnah (Gay Head) on Martha's Vineyard. As a result of this decision (Kitras v. Town of Aquinnah, 87 Mass. App. Ct. 10 (2015)), which reversed and remanded a Land Court decision/judgment, these landlocked parcels have been deemed to have easement rights that have been in dispute for some time. Or at least that's what the majority opinion decided. There was a stong dissent written by Associate Justice Peter W. Agnes.

LITIGATION AND SETTLEMENT--IT'S NOT ALWAYS EITHER/OR

Initially, this post was going to be about the substantive portions of the disputed claims in Perry v. Nemira, 2015 WL 179045, 11 MISC 457157 (AHS) (Mass. Land Ct. Jan. 15, 2015), which focused primarily on claims of right via prescriptive easements and adverse possession. In a word, the decision is lengthy (mostly due to the various chains of title that must be parsed out) and hard to condense into a neat little blog post.

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