Massachusetts Road Easement Agreement (To Provide Electrical Power)
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How to fill out Road Easement Agreement (To Provide Electrical Power)?
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FAQ
The purpose of an easement is to safeguard Power and Water's right of access to construct, inspect, operate, repair, replace and maintain assets located on private property and to regulate the activities of others within the easement to ensure the safety of all people and safe and reliable operation of the asset.
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. 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.
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.
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.
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.
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).
