Legal Question in Real Estate Law in Massachusetts

Easements.,right of way

I am a seller's agent for someone who has a landlocked parcel that wants to sell it. He purchased the property about 30 yrs. ago. He hasn't used the land for about 15 yrs.

At that time he had verbal agreements from two abutters to cross their land for access. Since then those two parcels have been sold. One of the parcels is vacant land. The other owner put a house on his lot and said the access dirt road was blocked by underbrush growth. Pictures show different. There is also a lot next door to that parcel which also has house, next to that another vacant parcel.All four abutters are in front of the landlocked parcel or next to it. We have afftadavids from previous owners, who were abutters, that state there was an easement or right of ways from their land to the landlocked parcel.

These easements were also noted in my sellers deed from the people he bought his land from. They did not have measurements, just stated they were granting all easements and right of ways. Does the current owner and/or new owners

have any legal recourse? Can a property owner be denied access to his landlocked property in Mass? The landlocked parcel is directly behind the 2 house lots. Any insight would be much appreciated.


Asked on 6/26/06, 12:58 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Easements.,right of way

This is a tough call. It is significant to me that he didn't use the property for 15 years. Any license or "easement" may have disappeared in time. Regardless, this is probably a matter that cannot be resolved between people, and will have to be litigated. Should you wish an elaboration, you may email me or call.

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Answered on 6/26/06, 2:53 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Easements.,right of way

Your Seller/Client should retain an attorney to research the back title to determine what, if any rights of way or easements may run with his land and/or burden the land abutting it that is landlocking it. Good Luck!

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Answered on 6/26/06, 10:15 pm


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