This Land is Your Land. This Way is My Way. Easement Disputes in Massachusetts

By Robert Nislick

When you buy a piece of land, you may naturally assume that it is yours absolutely and that no one else can enter upon it without your permission.  It is very possible, however, that other people may have rights to use your land.  While you may own the parcel, your ownership could be subject to an easement.

An easement is an interest in land which grants to one person the right to use or enjoy land owned by another.  Such an easement may take the form of a right of way, which provides rights of ingress, egress, and travel over the land subject to the easement.  This means that someone who has a right of way can cross over your land to get from one place to another.  Most likely, they will be using the right of way to get from a public street to their own land.  This scenario is very common, for instance, when two neighbors share a driveway.

Another kind of easement may allow someone to use your land for a specific purpose, such as parking.  In the crowded City of Boston, parking can be hard to come by.  How great would it be to have your own personal parking space, even if it is on someone else’s lot.

But just because it may be convenient for someone to cross over your land to get to hers, or for her to park on your land, that does not necessarily mean that she has any right whatsoever to do so.  A person who claims to have an easement may simply be no more than a trespasser.  She may be using smoke and mirrors in support of her claim, but could ultimately fail to establish the easement rights she wants.  Or perhaps, you are that person who is pretty sure you have those rights, but someone is preventing you from exercising them.

I am a Massachusetts attorney who specializes in handling all types of easement disputes.  I can analyze your situation and explain the options and the potential outcomes.  I can file a lawsuit on your behalf, or if someone has sued you, defend the case with a view towards achieving the best possible outcome.  I can draft new easements and modify old ones so as to help you accomplish what you want to do, while also protecting your interests.

Feel free to call me at (508) 405-1238 or e-mail me for a free consultation.