Legal Question in Real Estate Law in Massachusetts

Re: Rules of prescriptive easement in MA

I agree with attorney Williams, the law is complex in this area. And, based upon the facts you have stated, it seems the issue is adverse possesion , not an easement by prescription.

Your friend is wrong, it takes more than 5 years, but the time period can be " tacked on" from a prior owner's use of the property. There are simple ways to defeat your neighbor's

claim, if it is not too late. You should seek an attorney in your area with knowledge in this area of law. I would need many more facts to answer your question with any more detail. If you are in the north shore area,

feel free to call (978) 465-5158, I offer a free consultation.

Re: Rules of prescriptive easement in MA

Where did you get the term prescriptive easement? Is there some reason you dismiss the adverse possession threat?

Your friend's information as you have described it is a decidely inaccurate statement of the law.

I'm not willing to attempt an accurate precis of the law of prescriptive easement (nor adverse possession) in Massachusetts in this message. These concepts aren't even taught until the second semester of the property law class in law school, and at that, relatively few attorneys understand the concepts well enough to practice in that area. (It's comical to see some of these cases in court.)

If you'll call me and tell me what town you live in, I'll be glad to refer you to someone (or to me if you're nearby). I may even ask you some more questions first to help see how serious your problem is, if it is at all. It is possible that you are in danger and nothing you do or say after the fact can recover the property rights.

My phone number is (617)527-0050 and my e-mail address is [email protected] and I'm in Newton.