This form anticipates that the owners and parties to the Declaration have joint easement rights over, across, and through the easement premises for utility connections and adequate access to their individual parcels. A private drive is located within the easement premises. In this document the parcel owners agree to share in the cost of maintaining the private drive according to a formula set forth in the agreement. This form is a generic example that may be referred to when preparing such a form for your particular state.
Massachusetts Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
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How to fill out Massachusetts Declaration Of Easement For Common Private Drive Among Several Landowners And Agreement As To Its Maintenance?
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An easement deed should be signed and acknowledged by the grantor. A real estate deed that is required to be recorded in order to provide constructive notice must have a certificate of acknowledgment or proof of execution endorsed on the deed or attached to it. The certificate is recorded with the deed (183-29).
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. c. 187, § 2.
The obligation to maintain the easement falls on the owner of the dominant estate. That means that any repair or maintenance costs are the responsibility of the easement holder, not the owner of the servient estate.
An easement by implication may be established when a parcel is conveyed and there was prior (usually open and obvious) use of an access and an intention by the grantor to include that access, even if the parcel has other legal access. Dale v. Bedal, 305 Mass. 102, 103; Joyce v.
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.
The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.
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.
Some standard easements in Brookline and surrounding areas in Massachusetts include: utility easements, driveway or access easements, drainage easements, prescriptive easements and easements by implication.
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