Massachusetts Right of Way Agreement (For Water Pipeline) is a legal document that regulates the use and access to land for the construction and maintenance of water pipelines in the state of Massachusetts. It outlines the rights and responsibilities of both the pipeline owner/operator and the landowner. The agreement includes various clauses that define the terms and conditions of the right of way, including the purpose of the pipeline, the duration of the agreement, compensation for land use, and the scope of activities permitted within the right of way area. Key elements of the Massachusetts Right of Way Agreement (For Water Pipeline) include: 1. Purpose: The agreement clarifies the purpose of the water pipeline, whether it is for public water supply, irrigation, or other designated purposes. This ensures that the landowner understands the purpose of their land's usage. 2. Location and dimensions: The agreement identifies the specific location and boundaries of the right of way, including the easement width, depth, and any necessary access roads. These dimensions are crucial for the proper installation and maintenance of the water pipeline. 3. Term and termination: The agreement specifies the duration for which the right of way is granted, typically with options for renewal. It also outlines the circumstances that may lead to the termination of the agreement, such as breaches of its terms or government regulations. 4. Compensation: The agreement outlines the compensation or consideration provided to the landowner for the use of their land. This can include monetary payments, alternative land provisions, or other agreed-upon benefits. 5. Landowner obligations: The agreement may impose certain obligations on the landowner, such as granting access to the pipeline operator for inspections, maintenance, and repairs. It may also prohibit the obstruction or modification of the right of way without prior consent. 6. Environmental and safety considerations: The agreement may address environmental protection measures, such as guidelines for soil erosion control and restoration of the right of way area after construction. It may also address safety requirements and the liability of both parties in case of accidents or damages. Different types of Massachusetts Right of Way Agreements for water pipelines may exist based on the specific project or circumstances. For example, there may be agreements specifically for municipal water supply pipelines, irrigation pipelines, or industrial water pipelines. Each agreement will have variations in terms and conditions that align with the particular requirements and nature of the water pipeline project. In conclusion, the Massachusetts Right of Way Agreement (For Water Pipeline) is a legal document that establishes the terms and conditions for the use of land for the installation and maintenance of water pipelines. It ensures a clear understanding between the pipeline operator and the landowner, protecting the rights and interests of both parties.
Massachusetts Right of Way Agreement (For Water Pipeline)
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The Common Driveway shall have a traveled way at least 12 feet wide that can be maintained as such throughout the year. In addition, there shall be two shoulders, each at least two feet wide, for a total driveway width of at least 16 feet.
The duty to care for an easement belongs to the owner of the dominant estate.
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.
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).
Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private. A private easement is usually created and recorded by the developer of a subdivision.
