Massachusetts Easement and Right of Way with Option (for Pipelines)
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FAQ
App. Ct 274 (1992). An easement by necessity is when a parcel has no access (?backland?) and a party to the deed has abutting land at the time of the grant that can provide access.
Some examples of easements are: Utility Easements. ... Access Easements. ... Negative Easements. ... Drainage Easements. ... Prescriptive Easements. ... Easements by Implication. ... There are several ways to terminate an easement, including but not limited to: ... Legal issues abound with easements.
Easements are rights of way to sewer main pipes that are part of the city infrastructure yet travel through private property to gain necessary pitch and flow. These easements are essentially the city's right of way to access and maintain a sewer main on private property.
A drainage easement is a legal encumbrance on the title of a property to provide Council with the authority to carry out whatever works are required on drainage infrastructure within the easement.
The difference between an easement and a right of way is right of way is a type of easement. It gives a specific individual or a group of people a private right of way to cross the property. Or, a public right of way grants the general public the right to cross the land and use it as a passageway.
Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L. c. 187, § 2.
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.