[Massplanners] 3 ANRs and 'easement by necessity'

[robert leavens]

All,

I think the situation is simpler than you are making it out to be.

I think it impossible for one to claim the existence of an easement by
necessity across lands all and each of which you own.

Robert T. Leavens



On Wed, Feb 9, 2022 at 12:37 PM Katrina O'leary via MassPlanners <
massplanners at masscptc.org> wrote:

> Gisela,
>
> I would refer to Don Schmidt’s ANR Handbook, Ch. 3:Adequacy of the Way.
> Specifically, I think you will find PP. 23-26 helpful.
> https://masscptc.org/docs/core-docs/anrhandbook.pdf
>
>
>
> *Katrina O'Leary, AICP   *
>
> *Middleton Town Planner*
>
> 195 North Main Street     Middleton, MA   01949     PH: (978)777-8917
>
> *When responding, please be aware that the Massachusetts Secretary of
> State has determined that most email is public record and, therefore,
> cannot be kept confidential.*
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Gisela
> Walker via MassPlanners
> *Sent:* Wednesday, February 9, 2022 11:13 AM
> *To:* MassPlanners at masscptc.org
> *Subject:* [Massplanners] 3 ANRs and 'easement by necessity'
>
>
>
> In 2008 the P Bd approved three ANRs, all having proper lot size and
> barely enough frontage.
>
> Now the owner wants to sell them as building lots, and tells us that
> because of steep banks only one lot can provide access to the other two.
> His plan shows a curvy short driveway that touches all three lots and he
> requests an easement for this shared driveway.
>
> He quotes  " ... your agreement could be based on an *“easement by
> necessity”, which is documented in the Mass General Laws.* ..., it states
> that a legal easement can exist if it is absolutely necessary to cross
> someone’s land for a legitimate purpose, i.e., access to their home”
>
> In his sample easement agreement he also reserves the right for future
> subdivision of the lots.
>
> It seems like a half-baked way to start. Can we at least request that the
> shared driveway be built to minimum subdivision standards?
>
>
>
>  Gisela Walker
> 24 Windy Hill Road
> Shelburne Falls MA 01370
> 413-625-2401
>
>
> --
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> MassPlanners at masscptc.org
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>
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