Mastering Easements and Encumbrances for the Massachusetts Real Estate Exam

Last updated: April 2026

When preparing for the Massachusetts real estate salesperson or broker exam, few topics are as heavily tested—and as frequently misunderstood—as property rights and restrictions. Understanding how another party can hold a legal claim or right to use someone else's land is critical for passing the test and protecting your future clients. This comprehensive guide will break down the complexities of easements and encumbrances under Massachusetts law. For a broader overview of your testing journey, be sure to bookmark our Complete Massachusetts Exam Guide.

What is an Encumbrance?

In real estate, an encumbrance is any claim, lien, charge, or liability attached to and binding real property that may lessen its value or burden, obstruct, or impair the use of a property. Importantly, an encumbrance does not prevent the transfer of title, but it does transfer with the title unless cleared prior to closing.

Encumbrances generally fall into two categories:

• Financial Encumbrances (Liens): Mortgages, property tax liens, and mechanic's liens.
• Physical Encumbrances: Easements, encroachments, and deed restrictions.

Because encumbrances directly affect what a buyer is actually purchasing, they play a massive role in the title search process. You can learn more about how these issues are resolved during closing in our guide on Massachusetts deeds and title transfer.

Deep Dive into Easements in Massachusetts

An easement is a non-possessory right to use the land of another for a specific, limited purpose. The person who owns the land still has possession, but the easement holder has the right to use it.

Easement Appurtenant vs. Easement in Gross

The exam will frequently ask you to distinguish between these two primary types of easements:

• Easement Appurtenant: This easement involves two adjacent parcels of land owned by different parties. The parcel that benefits from the easement is the dominant tenement, while the parcel burdened by the easement is the servient tenement. In Massachusetts, an easement appurtenant "runs with the land," meaning it automatically transfers to the new owner when the property is sold.
• Easement in Gross: This is a personal right granted to an individual or entity to use the land, rather than a right attached to a neighboring parcel. There is no dominant tenement. A common Massachusetts example is a utility easement granted to Eversource or National Grid to run power lines across a residential backyard.

Creation of Easements

Easements in Massachusetts can be created in several ways. The most common include express grant (written into a deed), implication, necessity (e.g., a landlocked parcel), and prescription.

The 20-Year Rule for Prescriptive Easements (M.G.L. c. 187)

One of the most highly tested MA-specific concepts is the easement by prescription. Under Massachusetts General Laws (M.G.L.) Chapter 187, Section 2, a person can acquire an easement over someone else's land if they use it for a continuous period of at least 20 years.

To successfully claim a prescriptive easement in Massachusetts, the use must be:

• Open: Visible and obvious to anyone.
• Notorious: Generally known to the public.
• Continuous: Uninterrupted for the full 20-year statutory period.
• Adverse: Without the owner's permission.

The Massachusetts Land Court Exception (Crucial Exam Concept)

If you only remember one Massachusetts-specific rule from this article, make it this one: You cannot claim a prescriptive easement or adverse possession against Registered Land in Massachusetts.

Under M.G.L. Chapter 185, Section 53, land that has been registered through the Massachusetts Land Court is protected against adverse claims. If a property owner's title is registered (meaning they hold a Certificate of Title rather than just a recorded deed in the Registry of Deeds), no amount of open, continuous, or adverse use by a neighbor will ever result in a prescriptive easement. Failing to recognize the difference between recorded land and registered land is one of the common mistakes candidates make on the state portion of the exam.

Other Critical Encumbrances: Liens and Encroachments

Property Tax Liens and Super Priority

In Massachusetts, unpaid municipal property taxes and water/sewer bills automatically become a lien on the property. Furthermore, Massachusetts grants municipal tax liens super priority. This means they take precedence over almost all other liens, including a previously recorded first mortgage. When a property is sold, the seller must provide a Municipal Lien Certificate (MLC) to prove taxes are paid.

Mechanic's Liens (M.G.L. c. 254)

A mechanic's lien is a specific, involuntary lien placed on a property by contractors, subcontractors, or material suppliers who have not been paid for work that improved the property. In Massachusetts, the rules for filing a mechanic's lien are strict and time-sensitive, requiring adherence to the deadlines outlined in M.G.L. Chapter 254.

Encroachments

An encroachment occurs when a physical structure, such as a fence, driveway, or roof overhang, illegally intrudes onto neighboring property. In Massachusetts, an unresolved encroachment that is allowed to persist for 20 years can ripen into a prescriptive easement or a claim for adverse possession (provided the land is not registered via the Land Court).