Legal Question in Real Estate Law in Massachusetts

The question is what your lender will accept in terms of title. You may need a non-disturbance agreement with the utility for the area under the garage and assuming that is the only title issue that may satisfy the lender. The only other solution is to get a valuation based on their being no garage and deduct that from the cost of the property and assuming the Lender is willing to make the loan under those circumstances you may be ok. The other issue is whether the Garage was built with a permit and if the permit was cleared by the building inspector. No building inspector should have allowed the construction over a utility easement.

One more question: Is there actually a utility constructed under the garage? if not, getting a non-disturbance or termination of the easement or a change in the location of the easement may be less difficult to get. Please feel free to contact me if you have more quesitons.