Massachusetts Sample Letter for Suggested Change in Legal Form Granting Easement

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US-0393LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.


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.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Suggested Change in Legal Form Granting Easement Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to propose a suggested change in the legal form granting easement concerning the property located at [property address]. As a concerned party and a stakeholder in this matter, I strongly believe that the proposed amendment will benefit all parties involved and ensure a fair and efficient use of the easement. As you may be aware, easements are legal arrangements that allow individuals or entities to access or use a portion of another individual's property for specific purposes. These arrangements often serve as valuable tools in facilitating shared access, utilities, or rights among neighboring properties. While the existing legal form granting the easement is functional in its current state, I believe that a slight modification could further clarify and enhance its effectiveness. My suggestion pertains specifically to [provide details of the suggested change]. This alteration will address certain ambiguities and potential future conflicts that could arise due to the current language of the easement. Furthermore, the proposed modification will better align with the current laws and regulations of the state of Massachusetts. It is essential to ensure that the granting of an easement conforms to all applicable statutes and provisions. This adjustment will also help mitigate any misunderstandings or disputes that may arise in the future, benefiting all parties involved. I would like to request your careful consideration and review of this suggested change. After taking into account the potential benefits and improvements it offers, I trust that you will find it reasonable and in line with our shared interest in a fair and well-defined easement agreement. If you deem it appropriate, I am more than happy to arrange a meeting or discuss this matter further to address any questions or concerns you may have. Please feel free to reach me at [your phone number] or via email at [your email address] to schedule a convenient time for such discussions. Thank you for your attention to this matter, and I look forward to hearing from you soon. Your consideration of my suggestion is greatly appreciated. Yours sincerely, [Your Name]

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FAQ

Crowley, 371 Mass. 489, 495 (1976) (?easement can be extinguished only by grant, release, abandonment, estoppel or prescription?) (emphasis added); it relates to terminating an easement by a written instrument releasing a party's ?right, title and interest in an easement?.

With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.

To establish a prescriptive easement, a person must prove open, notorious, adverse, and continuous or uninterrupted use of land for a period of not less than twenty years. This is less than the standard to establish a claim of title by adverse possession, which requires that the use be exclusive.

Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private.

The duty to care for an easement belongs to the owner of the dominant estate.

Easements - An easement is the right of MassDOT to use all or part of a property for a specific transportation purpose. Easements can be permanent or temporary (limited to a stated period of time). Examples are a permanent easement for drainage and a temporary easement for the reconstruction of sidewalks and driveways.

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Massachusetts Sample Letter for Suggested Change in Legal Form Granting Easement