Massachusetts Drainage Easement

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Control #:
US-OG-983
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Description

This form is for a drainage easement.
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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 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).

For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.

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.

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.

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

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.

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Massachusetts Drainage Easement