A Massachusetts Release of Right of Way / Easement to Surface Owner is a legal document that terminates or releases a previously granted right of way or easement on a property. This document allows the surface owner to regain full control of the affected land, eliminating any rights or restrictions previously granted to another party. In Massachusetts, there are different types of releases that can be utilized depending on the circumstances: 1. Voluntary Release: This type of release occurs when both parties involved mutually agree to terminate the right of way or easement. It is typically executed through a written agreement that is signed by both the granter (holder of the right of way) and the surface owner. 2. Release by Quitclaim Deed: A quitclaim deed is a legal document that transfers the interests or rights a granter has in a property. When used to release a right of way or easement, the granter relinquishes all rights and interests held in the property, resulting in the release of the affected area. 3. Release After Expiration: In certain cases, a right of way or easement may have an expiration date specified in the original agreement. Once this date has passed, the easement automatically terminates, and the surface owner regains full control of the land without the need for further action. The Massachusetts Release of Right of Way / Easement to Surface Owner is an essential legal tool that allows property owners to regain control over their land. This document ensures the proper transfer of rights and helps eliminate any potential disputes or encumbrances associated with the previous right of way or easement. If you find yourself in a situation where you need to release a right of way or easement in Massachusetts, it is crucial to consult with a qualified real estate attorney to ensure that the process is carried out correctly, protecting your rights as a surface owner.
Massachusetts Release of Right of Way / Easement to Surface Owner
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How to fill out Massachusetts Release Of Right Of Way / Easement To Surface Owner?
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FAQ
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
The duty to care for an easement belongs to the owner of the dominant estate.
Crowley, 371 Mass. 489, 495 (1976) (?easement can be extinguished only by grant, release, abandonment, estoppel or prescription?) (emphasis added); it relates to terminating an easement by a written instrument releasing a party's ?right, title and interest in an easement?.
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).
Merger doctrine: Generally, an easement is terminated when the ownership of the easement and ownership to the land affected by the easement become owned by the same person. Prescription: The interference with any element necessary to acquire an easement by prescription will terminate the easement.
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.
