What rights does an easement holder have?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights does an easement holder have?
Between my neighbor and I there is a easement for another neighbor who lives across the
street; it is to access the lake. Does he own the property and can he mow it, etc.? He
says it’s his land and is parking his car on the grass between my neighbor and I. He is becoming a real problem for us.
Asked on June 18, 2016 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, he does NOT own it. An easement is the right to access or use the property, such as to reach the lake. It conveys no rights beyond that, and cannot be used to interfere with the rights of the property owners who cactually own the land. He may not park his car on your property if this is an easement for access only--period. However, if he won't voluntarily restrict his use of the easement to access, you'd have to bring a lawsuit to have a judge inform him of his rights and the limits of his rights (a "declaratory judgment") and also issue an order preventing him from doing what he should not do. You need to decide if this is worth a lawsuit. (A good thing to do first is to review what exactly the easement says: it should be on your title.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.