Legal Question in Real Estate Law in Massachusetts

Re: Easement Question

Examine your Condominium Trust and By-Law documents. It should specify who is responsible for maintenance and tax expense on the driveway. Most probably, they designate the driveway as common area property. If so,, then they should also specify the percentage of expenses owed by each unit owner. It may well specify that you are 100% responsible since you describe that your "unit has the original driveway." Whether you use it or not does not matter. In the end, the Condo docs will determine the responsibilities of each unit owner.

Re: Easement Question

Sorry. I misread your question. However, my legal reasoning still applies. The condo documents should determine whether you are responsible for any easement tax on the parking rights of the other units. If parking rights (your driveway and their easements) are considered common area property, then the condo docs should specify the percentage of expenses to be paid by each unit owner. If parking rights are separately deeded to each unit, then each unit owner is fully responsible for their own parking expense, which means that you would not be have to pay a share of the easement tax for their parking rights.

Re: Easement Question

As noted, you need to refer to the condominium documents. If there is any ambiguity, or if you do not understand the documents, it might make sense to have them reviewed by an attorney.

The situation may also change when the local jurisdiction assesses each unit individually in the future, taking into account its parking easement or driveway. I.e., this may be an interim situation, if the local taxing authority has not yet incorporated the condominiumization into its assessments.