Protecting Massachusetts Property Owners Before Informal Use Becomes a Legal Right

At Goldman & Pease, LLC, we routinely advise Massachusetts landowners who are surprised to learn that long-standing “neighborly access” can evolve into a legally enforceable easement. Under Massachusetts law, especially in rural, suburban, and waterfront properties, informal use of land can quietly turn into permanent property rights.

Fortunately, Massachusetts General Laws Chapter 187, Section 3 provides a powerful preventative remedy: the Notice of Intention to Prevent Acquisition of Easement.

When used correctly, this statute allows property owners to draw a clear legal line in the sand—before informal use becomes permanent legal access.

What M.G.L. c. 187 § 3 Actually Does

M.G.L. c. 187 § 3 allows a landowner to formally notify the public—or specific individuals—that any use of their property is permissive only and not intended to create any rights of access.

In plain terms, it means:

• No one can acquire a prescriptive easement simply by continued use
• Any access across the property is clearly revocable at the owner’s discretion
• The landowner creates formal, recorded evidence that use is not adverse or hostile

Once properly executed and recorded, this notice can be a decisive defense in future disputes over claimed rights of way.

Why This Statute Matters in Real Massachusetts Property Disputes

Many easement disputes do not begin with written agreements. Instead, they arise from:

• Decades-old footpaths across wooded land
• Informal driveway use between neighbors
• “Shortcut” routes to beaches, ponds, or conservation land
• Shared access across subdivided parcels without recorded easements

Without intervention, Massachusetts law may recognize certain long-term uses as the basis for a prescriptive easement claim. That means a neighbor could potentially convert tolerated use into a permanent legal right.

At Goldman & Pease, LLC, we often see clients caught off guard by the argument:

“We’ve always used that path.”

M.G.L. c. 187 § 3 exists to prevent that sentence from becoming a winning legal theory.

How the Notice Works in Practice

The statute provides two primary methods of notice:

• Posting a written notice conspicuously on the property for a statutory period
• Serving notice directly on individuals whose use is targeted

Once properly completed and recorded in the appropriate Massachusetts Registry of Deeds, the notice serves as strong evidence that:

• The use was never adverse
• Any access was by permission only
• No prescriptive rights could mature after the notice period

In litigation, this record often becomes a critical turning point in defeating easement claims.

When Property Owners Should Consider Filing

At Goldman & Pease, LLC, we frequently recommend evaluating a c. 187 § 3 notice when:

• A neighbor or third party is regularly crossing your land without a recorded easement
• You are concerned about long-term “informal” use becoming permanent rights
• You recently purchased property with unclear historic access patterns
• You are managing large, rural, or waterfront parcels with established informal paths
• You want to proactively eliminate future prescriptive easement risk

The key question is simple: Is someone using your land in a way you do not intend to become permanent?

Legal Effect: Preventative, Not Reactive

This statute is not about confrontation or litigation—it is about prevention.

When properly implemented, a Notice of Intention under M.G.L. c. 187 § 3:

• Interrupts the legal requirements for prescriptive easement claims
• Clarifies that use is permissive and not hostile
• Strengthens the landowner’s position in any future boundary or access dispute
• Helps avoid costly litigation over “historic use” arguments

It is one of the most practical tools available in Massachusetts real estate law for proactive land protection from easements.

Why Work With Goldman & Pease, LLC

While the statute appears straightforward, its effectiveness depends heavily on proper execution. Errors in drafting, service, or recording can undermine its legal value.

At Goldman & Pease, LLC, we assist clients with:

• Evaluating whether a c. 187 § 3 notice is appropriate for their property
• Drafting legally precise notices tailored to specific access concerns
• Ensuring proper service and statutory compliance
• Recording the notice correctly at the Registry of Deeds
• Integrating the notice into broader real estate litigation or risk-prevention strategy

Our goal is not just to document disputes—but to prevent them from ever becoming lawsuits.

Massachusetts property law strongly protects long-term land use—but it also provides tools for owners who act early.  M.G.L. c. 187 § 3 is one of those tools.

At Goldman & Pease, LLC, we view it as a quiet but powerful form of legal boundary-setting: a way to ensure that temporary convenience never becomes permanent loss of control.