How do I resolve an easement or boundary dispute in Massachusetts?

1. Easement Types

Massachusetts recognizes express easements (written, recorded under M.G.L. c. 183, § 4), easements by necessity, implied easements from prior use, prescriptive easements (M.G.L. c. 187, § 2), and easements by estoppel.

2. Adverse Possession Elements

M.G.L. c. 260, § 21: 20-year period. Elements: actual, open, notorious, exclusive, adverse use for 20 years (Lawrence v. Concord, 788 N.E.2d 546). Clear proof required.

3. Prescriptive Easement

M.G.L. c. 187, § 2 codifies the 20-year period. Elements: open, notorious, continuous, adverse use under claim of right (Boothroyd v. Bogartz, 853 N.E.2d 590). No tax payment required.

4. Quiet Title / Land Court

The Massachusetts Land Court (M.G.L. c. 185) has exclusive jurisdiction over title registration and concurrent jurisdiction with Superior Court over many real property actions. Quiet title actions under M.G.L. c. 240, §§ 1-5 (try title) or § 11A (declaratory).

5. Boundary Disputes

MA recognizes acquiescence and practical location. Registered land (Land Court) boundaries are conclusive once decreed. Licensed PLS survey essential.

6. Encroachment Remedies

MA courts apply a relative hardship balancing for innocent encroachments (Goulding v. Cook, 661 N.E.2d 1322 — generally requires removal but considers equities). Mandatory removal common.

7. Express Easement Termination

Release, merger, abandonment requires nonuse PLUS clear acts of intent to abandon (Cater v. Bednarek, 974 N.E.2d 663). Expiration per terms.

8. Marketable Title

MA has no comprehensive Marketable Title Act, but the Land Court registration system (Torrens) provides definitive title for registered land. M.G.L. c. 184, § 23 addresses certain obsolete restrictions.

9. Litigation / Mediation

Land Court or Superior Court for title. Boston Land Court has statewide jurisdiction. ADR available; mediation common at Land Court.

This is legal information, not legal advice.