Massachusetts Temporary Construction Easement and Agreement for Highway Purposes
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How to fill out Temporary Construction Easement And Agreement For Highway Purposes?
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FAQ
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).
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
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.
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.
The duty to care for an easement belongs to the owner of the dominant estate.
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.
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.
A temporary construction easement is a legal agreement between two parties that allows one party to use the other party's land for a specific purpose related to a construction project.