Property Ownership
A Massachusetts property owner granted an easement to a neighbor in 1990. The neighbor has not used the easement for 20 years. In Massachusetts, an easement may be extinguished by non-use if:
AThe non-use continues for 10 years
BMassachusetts law rarely extinguishes easements by non-use alone—abandonment requires more affirmative evidence of intent to abandon✓ Correct
CThe easement holder moves away
DThe servient landowner builds a fence
Explanation
In Massachusetts, mere non-use of an easement is generally not sufficient to extinguish it. Abandonment of an easement requires clear, affirmative evidence of intent to permanently abandon, not simply non-use.
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