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Easement/ Fence

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fatcat11188

Junior Member
I live in MA and I own the property where there is an easment from my neighbor.. He is using my land to park a school bus there and I need to enclose my yard with a fence however he is arguing that we can not because of the easement. Can someone help me with the specifics of this law? Also is school buses illegal to be parked on private property.. especially if he is using that with my land?
 


drewguy

Member
What are the terms of the easement?

If he has an easement for parking on your property, then (a) he can do that (unless it specifies only passenger vehicles or something that would exclude a school bus and (b) you cannot prevent him from using the easement by, for example, putting up a fence.

Now, the most typical easement is for access to his property (ingress/egress). If that's all the easement allows, then usually it would not allow parking. You still couldn't put up a fence, but he wouldn't be allowed to park on your property, just drive over it to get to his house.
 

fatcat11188

Junior Member
Easement

It does not specify a size of the automobile. But there is a big difference between a school bus and having a passenger car. Either way with or without this easement he can gain access to his home. He has a front door and plenty of room to get to his side door. The easement papers say egress and parking motor vehicles...

Is having a school bus legal brought home legal? It fills my kitchen with diesel fumes!!!
 

drewguy

Member
If the easement says "parking motor vehicles" that seems pretty clear he can park a school bus. Or a semi.

That's an odd easement to give, but a previous owner apparently did, so you're stuck with it unless you can buy him out.

BTW, check with the town to find out about bringing home the bus. I suspect it's allowed so the driver doesn't have to go elsewhere to pick up the bus before driving the route.
 

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