Easements are among the most common—and often most misunderstood—interests in real estate. In Massachusetts, an easement gives one party the legal right to use another’s land for a particular purpose, even though that party does not own the land. Easements can affect access, utilities, property development, and boundary lines.
Understanding the different types of easements under Massachusetts law is crucial for property owners, developers, and anyone involved in real estate transactions or disputes.
1. Express Easements
An express easement is intentionally created by the parties, typically through a deed, recorded plan, or written agreement.
It must comply with the Statute of Frauds, meaning it must be in writing and signed by the grantor.
Common examples include:
- Rights-of-way over private roads for access to a landlocked parcel.
- Utility easements for electricity, water, or drainage.
- Shared driveways between neighboring properties.
The intent of the parties governs the scope and duration, making precise drafting and recording essential.
2. Implied Easements
Implied easements arise from the circumstances of a property’s division rather than an express grant. Massachusetts recognizes two main forms:
- Easement by Necessity: Created when land becomes landlocked after being divided. The law implies access rights over the grantor’s remaining land to avoid rendering the parcel useless.
- Easement by Prior Use (Quasi-Easement): Arises when a prior, continuous, and apparent use existed before the land was divided, suggesting the parties intended that use to continue.
3. Prescriptive Easements
A prescriptive easement is established through continuous, open, notorious, and adverse use of another’s land for at least twenty years under G.L. c. 187, §2.
Unlike ownership through adverse possession, this right is limited to use, not title.
If the use was permissive, however, no prescriptive rights can form.
4. Easements by Estoppel
Massachusetts recognizes easements by estoppel when one property owner’s conduct leads another to reasonably rely on a representation of a right of use.
If the relying party changes their position—such as by constructing a driveway or installing utilities—the original owner may be estopped from revoking the right.
5. Easements by Prescription vs. Adverse Possession
A prescriptive easement allows continued use, while adverse possession confers ownership after twenty years of qualifying occupation.
Though the elements and timeframes are similar, the legal outcomes are distinct: one grants use, the other title.
6. Appurtenant vs. In Gross Easements
- Appurtenant Easement: Benefits a specific parcel of land (the “dominant estate”) and runs with the land.
- Easement in Gross: Benefits an individual or entity, not a parcel. These are often used for utility companies or municipalities and typically do not transfer automatically upon sale.
7. Termination of Easements
Easements may terminate through:
- Release (in writing and recorded)
- Merger (same owner of both parcels)
- Abandonment (nonuse plus intent to relinquish)
- Expiration (time-limited rights)
- Extinguishment by Adverse Use
Conclusion
Easements can substantially impact property rights, value, and development potential. Whether you’re purchasing, subdividing, or litigating property, understanding how easements are created, interpreted, and terminated is vital.
For guidance on easement disputes or property rights in Massachusetts, contact Sullivan Law Group, LLC.
Sullivan Law Group, LLC
33 Rail Road Ave, Suite 5
Duxbury, MA 02332
Serving property owners across Massachusetts in real estate and land use litigation.
