RIGHTS AND INTERESTS IN REAL ESTATE ► CHAPTER 4 © 2009 South-Western, Cengage Learning

 HOMESTEAD PROTECTION  limited to $500,000 of equity in home  not automatic–requires one time filing (deed or filing)  Section 1 – only one owner for benefit of entire family  Section 1A –seniors or disabled, applies to individual

© 2009 South-Western, Cengage Learning

 OTHER CONCERNS ➛ no protection for registered land held in trust ➛ mobile home homestead filed with city/town clerk ➛ may file homestead regardless of how title is held ➛ increase to $500,000, 2004, retroactive before 2004

© 2009 South-Western, Cengage Learning  Dower rights diminished... common law doctrines related to marital property term of curtesy eliminated, now all rights are dower dower rights upon death not marriage dower rights - life estate 1/3 land of deceased spouse dower rights rarely employed divorce terminates dower rights

© 2009 South-Western, Cengage Learning CREATING AN EASEMENT  by deed or express grant  by prescription (adverse use)  by necessity

 most easements created by deed or express grant  conveys a limited use of property  may be for unlimited or specific duration  statute of frauds requires writing to be enforceable © 2009 South-Western, Cengage Learning

 acquired by adverse use (without owner’s permission)  20 years of uninterrupted, open, hostile, notorious use  not available for registered land  tacking is allowed

© 2009 South-Western, Cengage Learning  implied when a parcel of land is landlocked  not available for registered land  not automatic – each case examined on its merits

© 2009 South-Western, Cengage Learning

 Most easements are affirmative authorizing use  Negative easements restrict use such as a view easement barring the blocking or interference with a view

© 2009 South-Western, Cengage Learning  CONSERVATION EASEMENT Generally negative easements to protect conservation lands, watersheds, historic properties, agricultural lands and affordable housing  SOLAR EASEMENT Massachusetts law encourages solar easements as an alternative energy source

© 2009 South-Western, Cengage Learning  LICENSE smallest possible right to occupy real estate not an interest in land may be terminated by either party at any time

© 2009 South-Western, Cengage Learning  TIDAL WATERS riparian owner owns to MLW mark (but not further than 100 rods or 1,650 feet) tidelands are land beneath the water private tidelands are the land below the water between the high and low water lines owned by a private party

 USE OF PRIVATE TIDELANDS public easement - swimming, fishing, navigating and fowling touching land in private tidelands is a trespass the water is state property

© 2009 South-Western, Cengage Learning  RIPARIAN RIGHTS Massachusetts is a riparian state generally, all water rights referred to as riparian rights  PONDS AND LAKES controlled by state - riparian owner owns to water’s edge

© 2009 South-Western, Cengage Learning  STREAMS riparian owner has right to use, but cannot divert or interrupt if navigable, ownership is to water’s edge if NON-navigable, ownership is to middle of stream if owner owns both sides of non-navigable stream, riparian owner owns all of the land underwa ter

KEY TERMS © 2009 South-Western, Cengage Learning conservation easement dominant estate (tenement) dower easement in gross homestead declaration homestead exemption license negative easement prescriptive easement prescriptive tidelands riparian rights servient estate (tenement) solar easement tacking tidal water