Legal Question in Real Estate Law in Massachusetts
easement definition
Easement holder has this statement on their deed ''right to pass and repass in and over a strip of land '' Does this include trucks and other large vehicles that are causing damage to that strip of land. The previous owner used her driveway to park her car and rarely drove over that strip of land. New owner rents an apartment and therefore this has increase traffic over that strip of land even though parking is still available in the driveway.
1 Answer from Attorneys
Re: easement definition
There are cases dealing with whether changes in the type of use amount to exceeding what the easement was granted for. (E.g., how old is the easement?)
As far as whether an easement would allow parking, that is something that might be researched, i.e., whether "pass & repass" would allow parking.
Finally, as far as damages to the property, that might also depend upon the language of the easement. However, if the damage is just that consistent with use, e.g. wearing down grass on an accessway, it is not clear whether that would be inconsistent with the grant.
You should seek legal counsel.
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