Massachusetts Avigation and Hazard Easement

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This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.

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.

A Massachusetts Aviation and Hazard Easement is a legal agreement designed to protect airports from potential hazards and ensure their safe operations. It grants certain rights to airport operators and imposes restrictions on nearby landowners to prevent any activities that may endanger the aircraft, passengers, or airport infrastructure. This easement primarily focuses on two key aspects: aviation and hazard management. Aviation refers to the use of airspace for the flight of aircraft. Massachusetts Aviation Easements restrict land use around airports to prevent the creation of obstacles, such as tall structures or trees, that could impede safe aircraft operations. These easements typically encompass a defined airspace area around the airport, known as the aviation easement area, where height restrictions and restrictions on certain structures apply. The aviation easement ensures that air traffic can flow smoothly and safely, minimizing the risk of accidents or collisions. Hazard management is another crucial element of Massachusetts Aviation and Hazard Easements. Airports face various hazards, including noise, fuel storage, wildlife encroachments, and hazardous materials, which can compromise safety. These easements aim to mitigate these risks by imposing specific land use restrictions and regulations on neighboring property owners. For example, they may require landowners to control vegetation growth to avoid attracting wildlife, establish buffer zones to reduce noise impacts, or prohibit certain land uses that involve hazardous materials. It is important to note that Aviation and Hazard Easements can differ based on the specific airport and its requirements. Some Massachusetts airports might have unique easements tailored to their geographical location, industry guidelines, or local regulations. The exact terms and conditions may vary across different airports, so it's essential to review the specific easement for each airport to understand its particular restrictions and obligations. Overall, Massachusetts Aviation and Hazard Easements play a vital role in protecting airports and establishing a harmonious relationship between airport operations and the surrounding community. By delineating airspace restrictions and managing potential hazards, these easements contribute to safe and efficient aviation activities while ensuring the well-being of nearby landowners and residents.

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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.

In Massachusetts, to extinguish an easement by prescription, the plaintiffs must show that their actions violated and were manifestly adverse to the defendant's rights in the easement for a period of twenty years.

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

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 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.

Unity of Ownership or Merger. A valid release. Abandonment. Termination by estoppel. Termination by prescription. End of necessity.

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).

An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.

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Jan 1, 2006 — Abstract: Human nature dictates that private ownership of land creates conºict among neighbors. In the realm of adverse possession and pre-. We have provided this sample Avigation Easement language to assist Sponsors with the preparation of an agreement for their specific location and situation. We ...Nov 7, 2005 — This advisory circular (AC) provides guidance to sponsors of Airport. Improvement Program (AIP) assisted projects to develop their land ... Oct 11, 2022 — Once complete, we'll work with you on the application, or CPA 1200. Applications for most programs are accepted on a continuous basis, but they' ... A hazard beacon would be considered a controlling obstruction. As such, it would cause the instrument approach minimums to the Airport to increase. Any ... The typical easement language specifically precludes landfills, open dumps, waste disposal sites, storm water retention ponds, creation of new wetlands, crops ... Jul 16, 2009 — The easement process can only begin when the engineering of a walkway is complete and the amount of land needed is determined. Once an easement ... Nov 5, 2019 — In Massachusetts, an easement by necessity requires the following elements: (1) unity of title; (2) severance of that unity by a conveyance; and ... Methods Of Conveying, Transferring, Or Severing Air Rights From The Surface Area · A lease of air rights above a fixed plane, together with the air and ground ... Plaintiffs, owners of property lying under the flight path of planes using the airport owned and operated by defendant,' brought inverse.

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Massachusetts Avigation and Hazard Easement