Driveway Easement For Access

State:
Multi-State
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
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FAQ

Massachusetts General Laws Chapter 152, Section 34 allows a totally incapacitated worker to collect temporary total disability checks while they are out due to the injuries sustained from a work accident.

This form extends the Pay Without Prejudice Period from 180 days to 360 days. When you sign the form, it allows an insurance provider to prolong benefits without assuming liability, and also extends the right of insurers to terminate benefits with seven days' notice.

The most that you can receive is the State's Average Weekly Wage (SAWW) at the time of your injury. The SAWW is set annually by the Massachusetts Division of Unemployment.

Can I be fired while I'm out on workers' compensation? Unless your union contract, or individual contract of hire, requires it, an employer doesn't have to hold your job open while you can't work due to an on-the-job injury.

Types of Workers' Compensation Benefits in Massachusetts The weekly TTI payments are calculated as 60% of your average weekly wage before your injury or illness, subject to a maximum and minimum based on the statewide average weekly wage (SAWW) at the time of your injury.

What is the statute of limitations? Under the workers compensation law, (MGL c. 152, § 41) for injuries on or after January 1, 1986, a claim must be filed with the insurer within 4 years of the date you become aware of a connection between your injury/illness and your employment.

The good news is that you do have the right to see a doctor of your choosing when you are seeking workers compensation benefits. This might be your current primary care physician or another medical professional you feel comfortable seeing.

This is a section of the MA Workers Comp Law that provides weekly disability payments to Employee's who are partially disabled. This means that while they may not be able to perform the job they were doing at the time of their work injury, the do retain the ability to do some work.

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Driveway Easement For Access