Massachusetts Access Control Easement

State:
Multi-State
Control #:
US-OG-900
Format:
Word; 
Rich Text
Instant download

Description

This form is an access control easement.

How to fill out Access Control Easement?

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FAQ

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.

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.

Right of Way - A right of way is publicly owned area reserved for transportation purposes. Adjacent land from private owners may be required to construct, or reconstruct, highways or bridges within the right of way.

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?.

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.

An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B.

The duty to care for an easement belongs to the owner of the dominant estate.

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Massachusetts Access Control Easement