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?
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.