Legal Question in Real Estate Law in Massachusetts

Easment

My wife and I purchased our current home in Aug. 2003.

About 2 weeks ago we found ''Buried Gas Line'' and ''Proposed Gas Line'' marker flags in our front yard- +- 170' from our house. The proposed line flags lead to a new house under construction acroos the street. We have found out that the road used to be where our front yard is and was moved at one time about 60'. The gas line eas never moved. No easment for a gas line is on our deed. The gas company has not produced any documentation proving they have an easement. Do I have a right to stop them from digging ?

Do I have a right to ask for reimbursmant of lost property value if we grant an easement ? should the title research have indicated that there is a gas main on our property ?


Asked on 10/25/03, 7:22 pm

3 Answers from Attorneys

Re: Easment

Assuming you got title insurance when you purchased the property you should contact them immediately.

You indicated that the gas line is in what used to be a road, the gas company did not require an easement on your property because it is highly likely it put the line in when it was a public road. Even if it did not have an easement, the gas company can by statute get an easement from you.

The gas company cannot disrupt your life and needs cooperate with you. Moreover, they should be compelled to repair to the original condition anything they dig up. You should contact a local attorney for assistance.

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Answered on 10/26/03, 5:00 pm
Alan Pransky Law Office of Alan J. Pransky

Re: Easment

An easement may be valid even though it is not reflected on your deed. You should check to see if you purchased title insurance when you bought your house. If you did, you should contact the title insurance company. In any event, you should contact a local attorney.

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Answered on 10/26/03, 10:03 am
David Baker Law Office of David Baker

Re: Easment

Generally, utilities have easements as a matter of law because they provide a service to the community at large; otherwise, some people could prevent others from obtaining utility service. I believe that the gas company has the right to dig, but that they must work with you and not interfere (too much) with your daily activities, and that they must restore your property to the way it looked before they dug. I don't think they can just come on your property without notice. Good luck!

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Answered on 10/26/03, 3:02 pm


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