Massachusetts Amendment to Easement (Powerline Easement)
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FAQ
A right of way is an ?easement?. Sorry for the technical jargon, but that's what it is. If your neighbour is blocking a right of way that you benefit from you may very well have a case against them for interfering with an easement. If the interference is substantial you can have them stop.
Section 5. (a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage set forth in the master deed.
Rights of way are generally negative in character. If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.
An easement gives a landowner the right to make use of another nearby piece of land for the benefit of his own land. When you buy a piece of land or property, you need to consider the rights the owner of the rest of the land or property may have over your part or the rights you may have over his part.
Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
A taking of land that is subject to an easement extinguishes the easement if the taking is of the fee or all interests, with no exception for the easement. 4 The taking authority must pay ?just compensation? for rights taken.
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.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.