Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default Deeded Driveway Easement

    My question involves an easement in the state of: Massachussets
    My driveway runs across two other properties back yards and is a Deeded easement to use the property for to drive to my lot and for water (which appears to be before all the surrounding properties had wells of their own put in). My question is I purchased the house five yrs ago and was told by my real estate agent at the time that I could drive or park on any part of the easement. The agent represented both the seller and myself. In the past five years I have had no problem with me doing that but recently the owner of one of the properties moved and is renting it out. The new tenant doesn't like me parking of the driveway that runs through the property he is renting. The owner because the tenant complained has asked me not to park there. Do I have a legal right to park there? The easement does not mention if I can or cannot park on it.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Easements

    The servient property owner can demand that you use the easement for its prescribed purpose, the access to and from your property. The easement does not grant you ownership of the land to do with as you please, rather it prevents the servient property from blocking access to your land. You'll have to find a new place to park.

    http://www.massachusettslawnotes.com/easements.htm

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Easements

    my real estate agent at the time that I could drive or park on any part of the easement
    Somebody got a sale, but I don't think you got a parking place.

    If the easement is for access only, parking would not normally be allowed.

  4. #4
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Easements

    that was what I figured, I just was unsure if being allowed to do it for five years and having the previous owners do it for years was a factor. Thank you.

  5. #5
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Easements

    You're referring to a prescriptive easement I assume? The statutory period for prescription in MA is 20 years. MA may allow tacking (adding the time of your claim to another's).

    The only way to know if you have a case for prescription is to investigate it. Talk to the previous owner(s) and see how long they have parked there. If it adds up to be over 20 years then you have a place to start. But the claim has to meet all the requirements for an easement by prescription in MA.

    If the use adds up to 20 years, was continuous and meets the other requirements, your next step will be to talk to a lawyer about suing for prescription. It will take time, money, and perhaps multiple visits to the MA Land Court to make your case. And even then, there's no guarantee that the court will grant you a judgment in your favor.

    I would do some research and educate yourself about what's involved. If it is still worth it to you, go for it. If not, you still have an access easement.

    Hope this helps.

    1. Sponsored Links
       

Similar Threads

  1. Deeded Right of Way for Purpose of Driveway
    By Leslie Wittenbrader Pond in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 02-07-2011, 09:11 AM
  2. Prescriptive Easement vs Deeded Easement
    By Hatterasman in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 01-06-2011, 12:40 PM
  3. Do I Have Any Rights to a Driveway in Use for 22 Years Without Deeded Easement
    By animalfriend in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 12-21-2010, 02:05 PM
  4. TRO and Deeded Easement
    By artms in forum Orders of Protection
    Replies: 2
    Last Post: 12-18-2010, 08:50 AM
  5. Deeded Easement
    By Larry Slate in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 12-19-2007, 06:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources