A drainage easement in Massachusetts refers to a legal agreement granting the right to use a particular area of land for the purpose of managing stormwater runoff. This type of easement can be established to direct the flow of water away from properties, preventing flooding, erosion, and other water-related issues. In Massachusetts, there are different types of drainage easements, each serving a specific purpose. These include: 1. Municipal Drainage Easement: This type of easement is established by local governments or municipalities. It allows them to maintain and manage drainage systems, such as ditches, culverts, and underground pipes, for the benefit of the community. 2. Private Drainage Easement: Private drainage easements are created between property owners to ensure the controlled flow of water across their respective parcels. These agreements commonly occur when one property has a higher elevation than another and needs a designated route for water runoff. 3. Conservation Drainage Easement: These easements are created to protect wetlands, waterways, and other ecologically sensitive areas. They provide a legal framework for managing stormwater runoff while preserving natural habitats and preventing pollution. 4. Emergency Drainage Easement: In emergency situations, when immediate action is required to manage flooding or other water-related disasters, temporary drainage easements may be established to allow emergency crews and equipment access to affected areas. These temporary easements expire once the emergency situation is resolved. Massachusetts drainage easements are established through legal agreements, typically recorded in property deeds or through separate documents. The scope of the easement, including its purpose, dimensions, maintenance responsibilities, and any restrictions, is clearly defined to ensure all parties involved understand their rights and obligations. It is important for property owners to consult with local authorities or legal professionals familiar with Massachusetts drainage easement laws before entering into any agreements. By doing so, they can ensure proper management of stormwater runoff, mitigate potential drainage issues, and protect their properties from water-related damage.
Massachusetts Drainage Easement
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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.