Buying a home is one of the most exciting and significant life decisions you can make. But for Massachusetts homebuyers, it’s important to understand that the land you’re purchasing comes with more than just a yard and a roof over your head. Hidden within property deeds and plans may be boundary issues and easements that can impact your ownership rights and enjoyment of your property. Knowing how to spot and handle these concerns can save you from legal headaches and unexpected surprises.

What Are Property Boundaries?

Property boundaries define the legal edges of your land. These boundaries are described in the property deed and shown on plot plans or surveys. They tell you where your property starts and ends — and where your neighbor’s property begins.

Because Massachusetts is home to many historic houses and neighborhoods, boundaries aren’t always clear. Maybe a fence is placed a foot over the line, or a garage extends just slightly onto a neighbor’s lot. These situations are known as encroachments, which are often unauthorized intrusions of a structure or object onto the property of another and which can lead to disputes over who owns and has the right to use the land in question.

Even worse, if someone uses a portion of your land openly and without permission for 20 years or more, under certain circumstances they may acquire a legal right to it through adverse possession — a serious concern in Massachusetts, where this doctrine is still recognized.

What Is an Easement?

While boundaries tell you what land you own, easements tell you who else has legal rights to use parts of it. An easement allows someone else to use a portion of your property for a specific purpose. For example, it gives a utility company the right to access underground lines, or a neighbor the right to utilize a shared driveway.

Some examples of easements include:

• Utility Easements – Allow access for power lines, water pipes, sewer lines, etc.
• Driveway or Access Easements – Allow shared use of a private driveway or road.
• Drainage Easements – Permit water runoff from neighboring land.
• Conservation Easements – Restrict development to preserve land.
• Prescriptive Easements – Created over time through long-term, open use (similar to adverse possession, but involving use rather than ownership).

Many easements are recorded in the property’s deed or referenced in the title. However, not all are obvious, especially if they were established decades ago.

Why It Matters for Homebuyers

Easements and unclear boundaries can affect how you use and enjoy your property. You might be restricted from building in certain areas, or find that a neighbor has legal access to walk across your land. It’s also possible to inherit a boundary dispute that’s been simmering for years.

These issues can reduce your property’s value, make future sales harder, and potentially lead to lawsuits if not addressed early. For example, discovering after closing that your neighbor’s fence is two feet onto your land might lead to costly negotiations or legal action.

What Massachusetts Law Says

Massachusetts has specific laws governing these issues. For instance:

• Adverse Possession (M.G.L. c. 260, §21): A person who uses your land without permission for 20+ years and such use is actual, open, notorious, exclusive and adverse may be able to claim legal ownership of that portion of your land.
• Prescriptive Easements: Like adverse possession, but apply to the right to use (not own) land.
• Easements by Necessity: May be granted when land would otherwise be inaccessible.
• Solar Easements (M.G.L. c. 187, §1A): Massachusetts law allows landowners to create easements to preserve access to sunlight.

How to Protect Yourself During the Homebuying Process

Here are steps you can take to avoid surprises:

1. Review the Title and Deed

A title search will reveal recorded easements and prior agreements. Your real estate attorney can help interpret these and explain their impact.

2. Get a Professional Land Survey

A licensed surveyor can mark the true boundaries of the property and identify any visible encroachments or inconsistencies. Don’t rely on assumptions or old fences to determine where the line lies.

3. Ask the Seller and Neighbors

The seller may disclose informal arrangements, like a neighbor using the driveway, that aren’t officially recorded but still matter. Ask if any disputes exist, and observe whether others are regularly accessing or using any part of the property.

4. Visually Inspect the Property

Look for signs of shared driveways, utility boxes, walking paths, fences, sheds, or landscaping that cross apparent boundaries. These could indicate use rights or conflicts.

5. Understand Title Insurance Exceptions

Title insurance usually won’t cover known easements or encroachments. If something is listed as an exception in your policy, you are accepting it as-is. Be sure you’re comfortable with all exclusions.

How Can a Real Estate Attorney Help?

A Massachusetts real estate attorney brings local knowledge and legal expertise to the table. They can:

• Explain complicated easement language in deeds and title documents
• Help resolve encroachment disputes before closing
• Draft or review easement agreements
• Ensure your title is clear and insurable

Attorneys also understand the local nuances of recorded vs. registered land in Massachusetts, and how these affect boundary enforcement and easement rights.

Conclusion

Easements and boundary issues might not be the first thing you think of when buying a home, but they can have a lasting impact on your ownership experience. The good news is that most of these issues can be spotted and resolved before closing — as long as you know what to look for and have the right legal guidance.

Our attorneys have helped hundreds of Massachusetts buyers protect their investment by identifying and addressing easements, encroachments, and unclear boundaries. Whether you’re buying your first home or your fifth, we’re here to help you move forward with confidence.

If you have any questions about navigating your home purchase with clarity and peace of mind, contact Joe Hawkins at Ligris + Associates PC.

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