Massachusetts Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property. Easement In Gross: A Definition | Rocket Mortgage rocketmortgage.com ? learn ? easement-in-g... rocketmortgage.com ? learn ? easement-in-g...
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.
The duty to care for an easement belongs to the owner of the dominant estate. Easements | Boston & Cambridge Real Estate Lawyers Gregg, Hunt ... ghaelaw.com ? easements ghaelaw.com ? easements
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.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street. Easement Appurtenant: Definition And Issues - Rocket Mortgage rocketmortgage.com ? learn ? easement-app... rocketmortgage.com ? learn ? easement-app...
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). Massachusetts Easement Deed Forms - Deeds.com deeds.com ? forms ? easement-deed deeds.com ? forms ? easement-deed
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.
