Massachusetts Environmental Restriction Easement
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How to fill out Environmental Restriction Easement?
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FAQ
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.
Conservation Restrictions are legal agreements that prohibit certain acts and uses, while allowing others, on private or municipally-owned property in order to permanently protect conservation values present on the land.
Amendments to existing CRs must go through the submission and review process in the same manner as a new CR. Parties are encouraged to contact DCS to discuss proposed amendments prior to formal submission. Practitioners are strongly encouraged to follow DCS' Model Conservation Restriction (link below).
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
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.
The duty to care for an easement belongs to the owner of the dominant estate.
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).
For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.