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Seeking advise on easement

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cosmosdivine

Junior Member
What is the name of your state? Massachusetts

Lot A is adjacent to our lot and owned by town as a part of town conservation land. The lot is not buildable since most of it is wetland. There is an easement on the boarder of our land, which said _this Pedestrian Traffic Only easement is for the benefit of lot A, to pass and repass on foot only, and to install, maintain, repair and replaces underground public and private utilities, including without limitation, water, gas, electric. telephone, fire protection, cable television, and the like_ per deed.

There has been no any activity on the easement for more than 10 years. Now the town conservation department is planning to use the easement as a through way to access the lot A then to a trail on the town conservation land despite that only few hundreds feet away from our house on our street there already exist two public entries to the trail and the conservation land.

My questions are

(1) Can the town use this easement as a part of the trail on the town conservation land?
(2) Can the town put any sign on our land?
(3) Will such easement be expired if there is no activity at all for a certain time period?
(4) What rights do we have as the owner of the land subject to the easement?

Thanks in advance.
 
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seniorjudge

Senior Member
cosmosdivine said:
What is the name of your state? Massachusetts

Lot A is adjacent to our lot and owned by town as a part of town conservation land. The lot is not buildable since most of it is wetland. There is an easement on the boarder of our land, which said _this Pedestrian Traffic Only easement is for the benefit of lot A, to pass and repass on foot only, and to install, maintain, repair and replaces underground public and private utilities, including without limitation, water, gas, electric. telephone, fire protection, cable television, and the like_ per deed.

There has been no any activity on the easement for more than 10 years. Now the town conservation department is planning to use the easement as a through way to access the lot A then to a trail on the town conservation land despite that only few hundreds feet away from our house on our street there already exist two public entries to the trail and the conservation land.

My questions are

(1) Can the town use this easement as a part of the trail on the town conservation land?
(2) Can the town put any sign on our land?
(3) Will such easement be expired if there is no activity at all for a certain time period?
(4) What rights do we have as the owner of the land subject to the easement?

Thanks in advance.


(1) Can the town use this easement as a part of the trail on the town conservation land?
A: Yes, according to the language you gave us in your post.


(2) Can the town put any sign on our land?
A: Generally, no. Not unless the easement allows it.


(3) Will such easement be expired if there is no activity at all for a certain time period?
A: Easements never die.


(4) What rights do we have as the owner of the land subject to the easement?
A: They are spelled out in the easement. You can use that easement just like everyone else.
 

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