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Massachusetts Easement Dispute Lawyer | Boston, Newton, Wellesley
Is someone claiming an improper easement over your property, or preventing you from using an easement to which you are entitled? I can help. I serve clients in the Greater Boston area, including Newton and Wellesley, and throughout Boston. I help clients resolve easement disputes quickly, and, if possible, without resorting to litigation.
What is an Easement?
In general, an easement gives a specified person or property owner (the easement beneficiary) rights with respect to another property (the burdened property). Easement disputes can arise concerning a number of matters, including the following:
- Who is entitled to use the easement? An easement may provide that Property Owner A is entitled to use a private road or driveway on Property Owner B’s property if this is needed by Property Owner a to get access to Property Owner A’s property. The easement may also apply to Property Owner A’s invitees. In all likelihood, the easement would not be available to others, so if another person were to simply be on such driveway, they would be trespassing.
- The rights inherent in the easement. In the example above, Property Owner A would only have a right to drive on the private road or driveway; Property Owner A would not have the right to modify the road or driveway, or dig it up to add electrical lines.
- The location or placement of the easement. In some cases, the location, placement, and specific area of the easement may be in dispute. Additionally, Property Owner B (in the example above) may need to create a new easement for Property Owner A if Property Owner B wishes to take certain actions, such as to tear up the private road/driveway to construct a building.
- Other Easement Activities. A utility, for example, may have the right to place power lines or cable across property, and this easement may not have been specifically located. Issues can arise when the actual placement of the power lines or cables is to occur, particularly if they might impact the property owner.
If you are experiencing an easement dispute, please call me to learn how I can help you protect your rights.