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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Easy on the Easement

    My question involves real estate located in the State of: Massachusetts

    I own a parcel which I and two others own the right to use for any purpose a street or road can be used for in my town. They use it to access their homes.

    A third person is claiming a right to use my parcel as a road based on an easement granted by the former owner of my parcel to his then neighbors, to whom he was very close. His intention was to give access so that his then neighbor could build a house for a relative. Although this is not specified in the language of the easement, he is willing to sign an affidavit confirming it. He included no reference in the easement to heirs or assigns as he did in the easements he granted to the two others.

    The house was never built, the town has since declared the lot unbuildable and eventually all the properties passed to new owners. The person claiming the right to use my parcel for a road has another access to their property. They refuse to contribute to the cost of snow removal which the two people who have clear rights do. There is no existing agreement concerning maintenance of the road over my parcel.

    Can I deny this person the right to use the "road"? If not, can I demand that they contribute to plowing and maintenance or am I responsible for this in the absence of a recorded agreement?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Easy on the Easement

    You will need to get the verbiage of the easement grant, which you have not posted, in front of a local real estate attorney for an opinion.

    Easements, once granted, can be very difficult to remove. Easements are "hereditaments" which can mean that they may be passed without any specific reference to heirs or assigns.

    An easement clearly granted will unlikely be subject to a later affidavit from the grantor further restricting it beyond the plain language of the original grant.

    But these are just my own thoughts and not meant to be the legal advice you should get from a local real estate attorney. These are probably fine points of the law and I bring them up only to point you in the direction of specific and local legal advice.

  3. #3
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Easy on the Easement

    Thank you. I don't like it, but it sounds reasonable.

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