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.
Massachusetts Easement for Utilities
State:
Multi-State
Control #:
US-00500
Format:
Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
Easements are rights of way to sewer main pipes that are part of the city infrastructure yet travel through private property to gain necessary pitch and flow. These easements are essentially the city's right of way to access and maintain a sewer main on private property.
The difference between an easement and a right of way is right of way is a type of easement. It gives a specific individual or a group of people a private right of way to cross the property. Or, a public right of way grants the general public the right to cross the land and use it as a passageway.
The duty to care for an easement belongs to the owner of the dominant estate.
Some examples of easements are: Utility Easements. ... Access Easements. ... Negative Easements. ... Drainage Easements. ... Prescriptive Easements. ... Easements by Implication. ... There are several ways to terminate an easement, including but not limited to: ... Legal issues abound with easements.
Merger doctrine: Generally, an easement is terminated when the ownership of the easement and ownership to the land affected by the easement become owned by the same person. Prescription: The interference with any element necessary to acquire an easement by prescription will terminate the easement.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L.
Right of Way - A right of way is publicly owned area reserved for transportation purposes. Adjacent land from private owners may be required to construct, or reconstruct, highways or bridges within the right of way.