Legal Question in Real Estate Law in Massachusetts

adverse possession of easements

Can land within a previously existing railroad easement that has been unused for the prescriptive period be adversly possessed by an individual, a corporation or a local government? Does the answer vary if the original easement was granted to a governmental agency as opposed to a private corporation?


Asked on 4/10/00, 9:54 am

1 Answer from Attorneys

Re: adverse possession of easements

Can land within a previously existing railroad easement that has been unused

for the prescriptive period be adversly possessed by an individual, a

corporation or a local government?

Yes, but not always. Anyway, look up the term prescriptive easement.

Does the answer vary if the original easement was granted to a governmental agency as opposed to a private

corporation?

I don't think so.

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Answered on 4/20/00, 11:10 pm


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