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Massachusetts Agencies

Express Easements: Creation of Implied 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.