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Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.
There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements. Express easement arises when a landowner grants an easement to another person by written agreement.
Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years.
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.
Massachusetts law allows property owners to take civil action to remove an encroaching structure, provided they can prove ownership and successful adverse possession. Resolving disputes through negotiation is recommended, but legal options exist if necessary. How to Handle Property Encroachments in Massachusetts ArticleCube ? how-handle-property-e... ArticleCube ? how-handle-property-e...
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. Right of Way Acquisition and Your Property - Mass.gov mass.gov ? info-details ? right-of-way-acqui... mass.gov ? info-details ? right-of-way-acqui...
A claim of adverse possession occurs when a person uses the property that is not theirs for an uninterrupted period of twenty years without the record title owner's permission.
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). Massachusetts Easement Deed Forms - Deeds.com deeds.com ? forms ? easement-deed deeds.com ? forms ? easement-deed
The first, and easiest means of preventing adverse possession, is to simply give the other party permission to use the property. This is a good option when the other party's use of the property isn't a major concern, and (other than to avoid adverse possession) there is no real harm to the land owner.
The duty to care for an easement belongs to the owner of the dominant estate. Easements | Boston & Cambridge Real Estate Lawyers Gregg, Hunt ... ghaelaw.com ? easements ghaelaw.com ? easements