Legal Question in Real Estate Law in Massachusetts

We are trying to buy a home in Bolton, MA. It has a very large easement over 6,000sq feet, that was created by the previous owner (not the current owner) for the next door neighbor. It's not clear as to why it was created, bsides for walk through, building of a storage shed, or parking. There is no specified as to "WHY" it was created. Now the property was forclosed on, and pruchased by the current owner. Does that forclosure not terminate the easement? If not...what can we do to terminate the easement, because we would be paying taxes on land that we basically can't do anything to.


Asked on 2/04/13, 11:17 am

1 Answer from Attorneys

You need someone to determine whether this is a permanent easement or a personal easement. If it is a permanent easement, then the easement continues until terminated by agreement of the owners of the property.

An easement has to have a purpose, for landscaping, access et cetera. It can not say you have an easement over an area and not indicate for what it is to be used. I would guess it is for egress, but do not otherwise understand the purporse.

As to property taxes you can challenge the valuation based on the easement.

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Answered on 2/04/13, 11:39 am


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