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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30167
Experience:  Lawyer
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Massachusetts, yes At least I am assumimg, Yes this is about

Customer Question

Hi Pearl
JA: What state are you in? It matters because laws vary by location.
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: yes At least I am assumimg
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes this is about me using as mall piece of property to get to my property (onl;y way to get to my backyard. A new owner has purchased it and now will not let me traverse the small parcel of land to access my backyard. I have been using this property for at least ten years I have a trailer, John Deere, and many other items that I need to get out. I use the trailer to go to the recycling place, to pick up lumber, etc.
Submitted: 4 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

In Massachusetts, the time period required to establish a right to use someone's land is 20 years. That unfortunately means that there isn't any right to continue using the property without the owner's consent. One option is to offer to buy an easement from the neighbor, which would give you a right to forever use that tract of land, even if it gets sold again.

It is possible to file for an easement by necessity; however, there are two issues. First, easements by necessity are typically reserved for a situation where a person cannot access a public road from their property at all. If you can leave your front door and access a public road, an easement is more likely. The second issue is that, even if a judge rules in your favor, you will still have to pay for the right to use the land. Which means that it could help to try negotiating with the neighbor before going to court.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 4 months ago.

Do you have any questions about this?