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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.
Hear this out loud PauseIf two arrive at the same time, the car on the right will have the right of way. Left Turns: A vehicle that is making a left turn is always required to yield the right of way to any oncoming vehicles.
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.
Hear this out loud PauseThe duty to care for an easement belongs to the owner of the dominant estate.
Hear this out loud PauseAn 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.
Unity of Ownership or Merger. A valid release. Abandonment. Termination by estoppel. Termination by prescription. End of necessity.
Hear this out loud PauseAn 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).
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.