AI Assistant
Notifications
Clear all

Prescriptive easement MA specific

10 Posts
7 Users
0 Reactions
808 Views
Bob H
(@bob-h)
Posts: 153
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Real world situation. My lot and my neighbors lot abut state conservation land. The topography from his lot makes it inaccesable, however across mine he can gain access. He has been doing that with my knowledge for a few years. We are good friends, but I dont want to let this ripen into such an easement. I have studied that a letter to him granting him permission to continue using my property would prevent an easement claim. Any thoughts?


 
Posted : April 11, 2013 4:47 pm
Jim
 Jim
(@jefls)
Posts: 91
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

You and your neighbor should hire a title examiner to search the deeds, and probate records.
If that does not yield definative information, you should protect yourself by obtaining a written, legal opinion from an attorney who specializes in land use issues.
Surveyors are not authorized to provide legal opinions.


 
Posted : April 11, 2013 5:34 pm
Jim
 Jim
(@jefls)
Posts: 91
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

If you send your neighbor a certified letter, receipt requested, and you save a copy of the letter and the receipt, (FOREVER), you could submit it to the court, if your neighbor files for legal action.
However, I think a case could be made, if you send him the letter, that you gave him written permission to access his land, over your land. Written permission is normally called "An Easement" or a "Right-of-way". And it could be classified as an "Un-Recorded" easement or right-of-way.

The written legal attorney opinion is the safest.


 
Posted : April 11, 2013 5:47 pm
Bob H
(@bob-h)
Posts: 153
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

My neighbor knows he is crossing my land, he is not making any claim, just wanted to know if it was ok to cross my property for accsess. I said ok, I just want to say that this is still my land exclusively, without giving up ANY rights to it.


 
Posted : April 11, 2013 6:02 pm
Guest
(@guest)
Posts: 1651
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

If it's permissive, he can ripen no claim.

If he or his successors in title don't think it's permissive, there might be a claim. Get the permission thing reduced to writing. Better yet, get your attorney to handle it.


 
Posted : April 11, 2013 7:05 pm

Perry Williams
(@perry-williams)
Posts: 2183
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

How much do you value your friendship?


 
Posted : April 11, 2013 9:30 pm
a-harris
(@a-harris)
Posts: 8759
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Write him a term limited agreement that you can evoke to allow or deny permission to cross at your discretion.

0.02


 
Posted : April 11, 2013 10:54 pm
spledeus
(@spledeus)
Posts: 2757
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

I think it was written already:

Prepare a license for his benefit. Include the conditions to terminate it upon sale of either property, or with 30 days notice or some other boilerplate nonsense your attorney can draft up. Present it in the right way: you have no access and this gives you legitimate access. Sign on the line and don't worry. (maybe you should let the lawyer do the talking...)

See Don Poole's case: Kingsbury Beach (ask Don for the reference). The predessor in title was a nice person who allowed her neighbors to use the beach. She socialized and barred access into the sensitive dunes. Although it was indirect, the court ruled that she had been permissive, therefore no Adverse Possession or Prescription.

What have you done for your buddy to break the adversity necessary for a valid claim?

Why not grant a real easement? Land swap?


 
Posted : April 12, 2013 12:35 am
foggyidea
(@foggyidea)
Posts: 3462
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

What Thadd said, kind of.

I think you need to consider some kind of viable access for your friend, not only for now but in the future. What's going to happen when your friend wants to build something? Or when he sells and the new owners push for access? Does your friends lot have frontage on a road and the access is just difficult and expensive through the frontage?

Think down the line. Prevent future problems by resolving it all now.


 
Posted : April 12, 2013 6:37 am
spledeus
(@spledeus)
Posts: 2757
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

This does lead to the murky waters of necessity as well.


 
Posted : April 14, 2013 9:16 am