What rights does an easement holder have?

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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 4 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.)


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