Easement in Massachusetts
State-specific overview · Property & Real Estate
Massachusetts recognizes easements by express grant, implication, necessity, and prescription, with strict requirements for each type.
How Massachusetts treats Easement
Massachusetts courts strictly construe easements and require clear evidence of intent for express easements. Easements by necessity arise when land becomes landlocked or when prior use patterns establish necessity. Prescriptive easements require 20 years of open, notorious, exclusive, and continuous use. Massachusetts also recognizes easements by estoppel when a property owner's conduct leads another to reasonably rely on easement rights.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Massachusetts.