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10-04-2011, 06:58 PM #1
Renter
- Join Date
- Oct 2011
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Massachusetts Easement Question
Is the following statement true for city owned land?
Massachusetts: In Massachusetts, the period of adverse use must be at least
twenty (20) years. The owner of the servient estate may
prevent prescriptive easement by posting a conspicuous
notice on the real estate claimed as an easement which
states the owner’s intent to prevent an acquisition of an
easement. Massachusetts C. 187, §2-3.
I am in the process of buying my first home and two days before closing was told we cant close because there is 500 sq-ft of city land in front of our land that our driveway goes through to get to the road. It was considered an unclear title because we technically don't have access to our property as there does not seem to be any formal easement ever setup. The house was built in 1974 and as far as i can see always had this driveway. There are also 4 other neighbors that this affects.
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10-08-2011, 06:21 AM #2
Moderator
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- Sep 2007
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- Outer Banks
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- 1,282
The problem is most likely because the title insurance company won't write a policy which is scaring your lender.
Usually, when things like this pop up the seller takes care of getting the title cleaned up.Your Outer Banks real estate agent. Learn how to buy Outer Banks foreclosures.
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