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View Full Version : Residential land easement problems Massachusetts


pinstriper
02-05-2007, 05:20 PM
My wife and I own a piece of land that our neighbor has a "right of way" or easement across it. Our neighbor is allowed to use our driveway up to a certain point to gain access to there's(mapped out, surveyed and deeded). They are land locked otherwise. The driveway is a "paper street" that we own. The previous owner and I would share expenses related to the driveway (other than property taxes) but the new owner refuses. Maintaining the driveway like snow removel and asphalt repair or replacement.
We tried to give them every option as far as snow removel goes but I get the impression that they feel it's our responsibility.

What does general law say or what could we do to alleviate the situation?? Are we responsible and or liable for maintaining the driveway?

Another problem is that there water line does not follow the easement and our water company told us we could turn it off at any time. Generally as he said utilities are to remain within the easement or it is in trespass. Any recourse about that?

The current owner and I currently are not on speaking terms. Thank You

Marketeer
02-08-2007, 10:29 AM
In many states, the neighbor is responsible for upkeep only if the easement is exclusively for his use (not a shared driveway, as in this case). You should consult a local real estate attorney to determine the prevailing practice in your area.

demartian
02-08-2007, 10:45 AM
If you also use that driveway yourself, it's usually your responsibility for it unless they are causing some unusual damage.

Although, neighbor-wise, they should be nice enough to share the work. I would just stay in a few snow days myself. I am not required to clean my own driveway if I don't want to...

Just check that your local ordinances don't require you to shovel walks or drives by a certain time. Most don't, but some incorporated villages do.

Troubleshooter
03-21-2007, 01:25 AM
If there was a shared driveway agreement, it should have appeared at the closing as having been written into the easement. They should have been required to sign something, or the closing would fail. If they didn't sign, they lost the easement.

Troubleshooter
03-25-2007, 08:32 PM
Actually, in the case of a landlocked property, they can't lose the easement.

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