Massachusetts Prescriptive Easements

[natureluva]

Hello. I have found out that the time period for a prescriptive easement to be ripe in Massachusetts is 20 years. However, I have been unable to find out whether a prescriptive easement in Massachusetts runs with the land, or if the clock starts at zero when the property changes hands to a new owner. Any idea? Thanks.

[Mr. Knowitall]

I have seen authority that Massachusetts tacks periods of use together for purposes of determining the statutory period, so it follows that the use runs with the land. Otherwise the period would start over with each new owner. If you're trying to prove a prescriptive easement and the neighbor denies that you have one, consider consulting a real estate lawyer.

[natureluva]

Thanks Mr. Knowitall. Unfortunately, that is not good news for me. I was hoping the town I live in would not be able to prove a prescriptive easement against me for a stormwater drainage system that has seriously damaged almost an acre of my property, including major erosion. If you're interested, you can read my earlier post of 7-20-07 entitled "Major Stormwater Damage With No Easement." Thanks again.