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Buyer concern over historic livestock easement at Breakneck Hill prompts commission guidance

May 02, 2025 | Town of Southborough, Worcester County, Massachusetts


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Buyer concern over historic livestock easement at Breakneck Hill prompts commission guidance
A prospective buyer flagged an historic easement across land near Breakneck Hill that permits passage of livestock and access to a well; conservation commissioners discussed the easement's origin and legal status at their May 1 meeting and advised the buyer that extinguishing or altering such an easement would be a complicated legal process.

What was said: Commissioners recalled that the easement historically allowed cattle passage from an orchard or farm area to a property across Breakneck Hill Road and that the land patterns have since changed. A commission member who previously served on a conservation-restriction committee said the town has no present plans to reintroduce livestock to Breakneck Hill and that using the easement for livestock now is unlikely.

Why it matters: The buyer's concern centers on whether the easement could be invoked in the future to move livestock across the property or to maintain a well access across parcels. Commission members noted that dissolving an easement would typically require legal steps involving town counsel and possibly registry filings, and that the easement may benefit property rights on adjacent parcels rather than the conservation parcel itself.

Next steps: Commission staff will inform the prospective buyer that the commission does not anticipate using the easement operationally, and that if the buyer wishes to pursue extinguishing or modifying the easement they should consult title counsel and, if necessary, town counsel. The commission identified no immediate conservation-management actions tied to the easement.

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Scribe from Workplace AI
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