Looking for advice on a historic easement

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Looking for advice on a historic easement

We purchased a home with a historic
easement and some of the restrictions are
really causing us a hardship. Do we have any
recourse? Thank you

Asked on April 16, 2018 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you would not have recourse. When you buy a home that has an easement, you buy it subject to that easement; what you are buying (and therefore what you get) is a home with those limitations on it. An easement is perpetual and runs with (goes with, that is, to anyone who buys the property) the land; you cannot escape an easement because it is inconvenient any more than you can change the boundaries of the land because they are inconvenient; an easement is equally a part of the properties as its boundaries.


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