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easement misuse or overuse?

My property in front of my house is 60 feet. Just confirmed with a surveyor. However, without my knowledge.. never disclosed when I purchased my house a year ago.. there is an easement on one of the sides of the house with my neighbor so that he could have a "legal driveway." He is parking a school bus that fills up my kitchen with diesel fumes and wakes me up at 7am every morning with the back up alarms that radiate throughout my house. He is using the easement (Which I am trying to find out if it is even legal) to park a town school bus on. NOT his personal cars which was the purpose of the easement in the first place (which is my understanding). It makes a big difference if that easement is created for a school bus or a small car. And is it safe to be breathing in diesel fumes 4 times a day. I have pets and am home most times that bus is turned on and running. Are people allowed to have buses on private property? Techincally the land is mine but he is creating a larger easement than what was originally assumed I believe. (Remember I was never told about this when I purchased this house)

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Massachusetts law does recognize the concept of over-burdening or over-using an easement, or not using it for its intended purpose.  However, I cannot tell you if that concept is applicable here.  Essentially, you would need a MA real estate attorney to review the exact language of the easement and then research all relevant MA case law to determine if the easement is, in fact, being misused.  If you are unable to work this out amicably with your neighbor, sometimes a well-written letter from an attorney will have the desired effect without ever having to resort to litigation (and all the cost and uncertainty litigation brings). 

Essentially, a court will ask whether the use of the easement is of the same amount and character as authorized. If you are interested in doing research on your own, for a full discussion of this questions, you can go to the MA trial court law library and review the case: Swensen v. Marino, 306 Mass. 582, 585 (1940) (for a discussion of how a A nuisance may result from an overly intensive use or an overburdening of an easement). Good luck.


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