Massachusetts Cathodic Protection Easement
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FAQ
In Massachusetts, to extinguish an easement by prescription, the plaintiffs must show that their actions violated and were manifestly adverse to the defendant's rights in the easement for a period of twenty years.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
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?.
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.
Easements - An easement is the right of MassDOT to use all or part of a property for a specific transportation purpose. Easements can be permanent or temporary (limited to a stated period of time). Examples are a permanent easement for drainage and a temporary easement for the reconstruction of sidewalks and driveways.
