[Massplanners] 3 ANRs and 'easement by necessity'

[Harry LaCortiglia]

Wouldn't this result in a legitimization of a Merger of Interests?

H. LaCortiglia

Georgetown P.B.


On 2/9/2022 3:00 PM, robert leavens via MassPlanners wrote:
> 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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>
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