Massachusetts Amendment to Easement (Pipeline Easement - Short Form)
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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).
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.
To establish a prescriptive easement, a person must prove open, notorious, adverse, and continuous or uninterrupted use of land for a period of not less than twenty years. This is less than the standard to establish a claim of title by adverse possession, which requires that the use be exclusive.
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.
