Massachusetts Dedication of Land to General Public Land with Plat Attached

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US-0618BG
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Description

Dedication, in property law means donation of land or creation of an easement for public use. It may be expressed or implied. An express dedication of property to public use is made by a direct appropriation of it to such use. A dedication of property to public or pious uses may be implied or inferred from the acts of the owner. For example, permission to use a street without bar or impediment for a long time is evidence from which a dedication to the public may be inferred.

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FAQ

Unlike public acquisition of private lands by eminent domain or purchase, the governing body does not compensate the owner for lands acquired by dedication. Rather, the owner donates the lands to public use, and, if the donation is accepted, ownership is thereby transferred to the governing body.

In Massachusetts, the law on partition is set forth in Chapter 241 of the Massachusetts General Laws. This law allows property owners to end their co-ownership of property by bringing a case in either the Land Court or the Probate and Family Court.

Offer to Dedicate (OTD) -- Public Access Easement Program. An OTD is an offer by a landowner to grant a public access easement across their property for future public recreational use. The OTD simply offers the area; several steps must then be taken to turn the easement into a useable public accessway.

The doctrine states that all rights in tidelands and the water itself are held by the state "in trust" for the benefit of the public. In most states, this means that public ownership begins at the high water mark.

Dedication of property is the donation of real estate for a public purpose. Cities often require dedication of property before approving a subdivision. A typical dedication for a subdivision includes land for streets, sidewalks, and sewer and water lines.

A dedication is the conveyance of private land, either in fee simple or as an easement, for public use. The landowner can convey the property ing to dedication procedures defined by statute or as a common law dedication through deed or implied conduct.

Acceptance can be accomplished formally, such as by vote of the appropriate body, or informally, such as by physical actions taken by the public or the municipality.

DEDICATION BY DEED Definition & Legal Meaning This term applies to land that has been put aside for a public use by a deed which states exactly what the property will be used for.

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Massachusetts Dedication of Land to General Public Land with Plat Attached