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.
The Massachusetts General Right-of-Way Instrument refers to the legal document that grants certain rights and privileges to individuals or entities for the use of a specific piece of land or property. This instrument serves as a formal agreement between the property owner and the party requesting the right-of-way access. In Massachusetts, there are several types of General Right-of-Way Instruments that may be categorized based on their purpose and nature. These include: 1. Highway Right-of-Way Instrument: This type of right-of-way instrument grants access to a designated area of land for the construction and maintenance of highways, roads, or other transportation infrastructure. These instruments are crucial for ensuring smooth traffic flow and safe travel within the state. 2. Utility Right-of-Way Instrument: Utility companies often require right-of-way access to install, operate, and maintain various utility services such as water, sewer, gas, or electric lines. The utility right-of-way instrument grants the necessary permissions for these companies to access and utilize specific areas for their infrastructure. 3. Railroad Right-of-Way Instrument: Railways often require designated land access for the construction, operation, and maintenance of railroad tracks and related facilities. The railroad right-of-way instrument ensures that railway companies have the necessary legal permissions to use the land for transport purposes. 4. Easement Right-of-Way Instrument: This type of general right-of-way instrument grants specified rights to individuals or entities over another person's land. These rights can include things like access to a beach, pathway, or driveway, or the right to run utilities or pipelines underground on another person's property. 5. Pedestrian Right-of-Way Instrument: Pedestrian right-of-way instruments are designed to ensure the safety and convenience of pedestrians by granting designated areas where they have priority over vehicular traffic. This includes crosswalks, pedestrian bridges, or other infrastructure facilitating safe pedestrian movement. It is important to note that each of these right-of-way instruments carries specific terms and conditions, outlining the rights and responsibilities of both the granter (property owner) and the grantee (individual or entity receiving the right-of-way access). The instrument may detail the boundaries, duration, compensation (if applicable), restrictions, and any necessary maintenance or repairs required by the grantee. Understanding the various types of Massachusetts General Right-of-Way Instruments ensures proper implementation of infrastructure projects, streamlined utility services, and smooth transportation systems while legally protecting the rights of property owners and facilitating public access when applicable.
