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Massachusetts Agencies

Express Easements: Creation of Implied Easements

Easements

Read Zotos v. Armstrong, 63 Mass.App.Ct. 654, 828 N.E.2d 551 (2005). The court, in citing Joyce v. Devaney, 322 Mass. 544, 78 N.E. 641 (1948) said:

[T]he Supreme Judicial Court rejected an implied easement theory [even] where an express easement contained in a deed fell eighteen feet short of providing access to the plaintiff's garage. Notwithstanding that the only practical entrance to the plaintiff's garage was by way of a portion of the defendant's driveway, and the obvious reasonable necessity of such use, the court held that the express easements in the deeds "negatives . . . any intention to create easements by implication." Ibid.