A Massachusetts Pipeline Right of Way Easement refers to a legal agreement that grants a company or entity the right to develop, construct, operate, and maintain a pipeline on a designated strip of land. This easement allows the pipeline company or entity to access the land for various activities related to the pipeline's installation, inspection, repair, and maintenance. Key parties involved in this agreement typically include the landowner and the pipeline company. In Massachusetts, there are different types of pipeline right of way easements, each serving specific purposes and stipulations. Some of these include: 1. Permanent Easement: A permanent easement grants the pipeline company the right to use and access a designated portion of land in perpetuity. This typically involves a long-term commitment and can be transferable to future pipeline operators. 2. Temporary Easement: This type of easement allows the pipeline company access to the land for a specific duration, usually for construction or maintenance purposes. Unlike permanent easements, temporary easements have a defined expiration date. 3. Construction Easement: A construction easement allows the pipeline company temporary access to the land solely for the purpose of constructing the pipeline. Once the construction is complete, the company may need to restore the land to its original state or compensate the landowner for any damages incurred. 4. Access Easement: An access easement permits the pipeline company to access the pipeline whenever inspections, repairs, or maintenance work is required. This type of easement ensures that the company can perform necessary activities without disrupting the landowner's rights or causing undue inconvenience. 5. Maintenance Easement: A maintenance easement provides the pipeline company with the right to conduct routine maintenance activities on the pipeline, such as clearing vegetation, inspecting valves, and repairing minor damages. This ensures the safe and efficient operation of the pipeline system. 6. Servitude Easement: A servitude easement allows the pipeline company to pass through or across a specific portion of land, but without granting them the right to construct or maintain the pipeline on the land itself. This type of easement is often utilized when the pipeline needs to traverse multiple properties. It's important for both the landowner and the pipeline company or entity to carefully negotiate and draft the terms of the easement agreement to protect their rights and interests. This may include provisions for compensation, liability, environmental regulations, and indemnification. Overall, a Massachusetts Pipeline Right of Way Easement is a legal instrument that grants the necessary rights and access to a pipeline company for the development, operation, and maintenance of a pipeline on privately-owned or public land within the state of Massachusetts.
Massachusetts Pipeline Right of Way Easement
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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. A private easement is usually created and recorded by the developer of a subdivision.
The Common Driveway shall have a traveled way at least 12 feet wide that can be maintained as such throughout the year. In addition, there shall be two shoulders, each at least two feet wide, for a total driveway width of at least 16 feet.
The markers are typically located in a ?line of sight? manner within the rights- of-way, along streets and at road and railroad crossings. The markers provide helpful information about what each pipeline transports, who operates the pipeline, and how to contact the pipeline company.
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.
Above-ground pipeline markers are used along the permanent right-of-way for easy recognition of the presence of underground pipelines. The markers are typically located in a ?line of sight? manner within the rights-of-way, along streets and at road and railroad crossings.
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).
The duty to care for an easement belongs to the owner of the dominant estate.
