Massachusetts Notice of Easement (For Communications System)

State:
Multi-State
Control #:
US-OG-1057
Format:
Word; 
Rich Text
Instant download

Description

This form is a notice of easement for communications system.

How to fill out Notice Of Easement (For Communications System)?

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FAQ

If a person apprehends that a right of way or other easement in or over his land may be acquired by custom, use or otherwise by any person or class of persons, he may give public notice of his intention to prevent the acquisition of such easement, by causing a copy of such notice to be posted in a conspicuous place ...

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. 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.

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.

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).

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

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.

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Massachusetts Notice of Easement (For Communications System)