Program Details
On Demand

Easements, Rights of Way and Access to Property:Law and practice issues for private and public easements

Content Partner:  MCLE | New England
Price: $210.00*
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The development of usable land is an increasing challenge, no less because of issues regarding easements affecting land that may prevent development as intended or issues regarding rights of access and rights to place utilities to serve the development.

That's where a working knowledge of easements and rights of way law becomes invaluable to the real estate practitioner, developers, surveyors, and engineers. In addition, many disputes among neighbors about their respective easement rights in each other’s properties arise because of misunderstandings regarding statutory and common law rules affecting such rights.

In practice, granting or obtaining of an easement, right of way, or access is not always a simple matter and, sometimes, even more difficult is determining the scope and incidents of an easement or right of way. Whether a property can be used for its intended purpose or whether a property owner has the right to use amenities associated with that property can depend upon the existence, nature, scope, and quality of the easement, right of way, or access at issue.

Disputes over these issues occupy a regular portion of the Land Court’s docket. That's why easements and rights of way affecting land—including access, utility, and recreational easements for the benefit of landowners and the public—continue to be hot topics with which you need to be familiar in order to best advise your residential and commercial clients who encounter these everpresent issues. As more and more land not already serviced by public ways is developed, issues involving easements, rights of way, and access will continue to create disputes between developers and their abutters and this will carry over to disputes with planning boards and boards of appeal reviewing subdivision and special permit applications.

Whether you represent a surveyor, broker, developer, or a municipality, you need to be able to recognize the issues and have a working knowledge of the applicable legal principles as well as some of the practical, legal solutions to these sometimes very complex issues.

Let MCLE's expert real estate faculty bring you current on the law, recent decisions, and practical tips to master a variety of transactions involving public and private easements.

Topics include

Public and Private Easements: General Overview How Public Ways are Created Private Easements

  • Creation; Rights associated with private easements; Use and scope limitations; Underlying fee
  • interests; “Paper streets”; Termination, abandonment, and discontinuance

Easement Issues that Arise in Connection with Development of Subdivisions

Easements in Gross and Profits a Prendre

  • Are they valid in Massachusetts and what issues are associated with them in modern real estate practice?

Important Statute

Summary of Significant Cases

Transaction Considerations: Drafting and Construing Easements

Title Insurance Implications

  • Insurance for “a legal right of access” versus “practical access”; Evolution from older forms of title insurance policies to modern enhanced coverage policies, especially for homeowners;
  • Affirmative coverage and endorsements dealing with easement and access issues

Practice Areas: Real Estate Law
Online Media Type: Video, Audio
Production Date: 01/23/2008
Level: Intermediate
Category: Standard
Duration: 3 Hours, 46 Minutes
Online Format: On Demand

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 


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Total Credits: 3.75
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Check your state requirements and get contact information.
Ward P. Graham - Chair Stewart Title Guaranty Company, Boston
Edward A. Rainen, Esq. - Rainen Law Office, P.C.
Robert S. Mangiaratti, Esq. - Murphy, Hesse, Toomey & Lehane LLP, Quincy
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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