Massachusetts Release of Easement

State:
Multi-State
Control #:
US-OG-1108
Format:
Word; 
Rich Text
Instant download

Description

This form is a release fo easement.
A Massachusetts Release of Easement refers to a legal document that releases or terminates an existing easement between two parties. An easement is a legal right that gives someone the authority to use another person's land for a specific purpose. This release document is crucial to formally revoke the previously granted easement rights and eliminate any associated obligations and restrictions. In the state of Massachusetts, there are a few different types of releases of easement that might be applicable in various situations: 1. General Release of Easement: This type of release applies when both parties (the easement holder and the landowner) agree to terminate the easement rights. It requires the consent of all parties involved and often includes details such as legal descriptions of the affected properties and the easement's purpose. 2. Specific Release of Easement: This release is more targeted and typically applies when a specific portion or aspect of an easement is being terminated, while other portions or aspects still remain intact. It may occur when the need for a particular easement arises temporarily or the intended purpose changes. The document specifies the portion or aspect being released, often accompanied by relevant maps or surveys. 3. Release of Easement by Abandonment: Sometimes, an easement may be released through abandonment. This occurs when the easement holder voluntarily and explicitly gives up their rights without any obligations. The release may require the recording of an affidavit or a quitclaim deed to prove abandonment. Regardless of the type, a Massachusetts Release of Easement must abide by the state's legal requirements. It should include the parties' full names and addresses, the easement's legal description, the termination date, and any relevant prior documentation references. Additionally, the document must be signed and notarized by all parties involved. The Release of Easement holds considerable significance as it eradicates any existing rights and obligations pertaining to the easement. It ensures clarity and legal validity, enabling the landowner to regain full control and use of their property while relieving the easement holder of their designated rights.

A Massachusetts Release of Easement refers to a legal document that releases or terminates an existing easement between two parties. An easement is a legal right that gives someone the authority to use another person's land for a specific purpose. This release document is crucial to formally revoke the previously granted easement rights and eliminate any associated obligations and restrictions. In the state of Massachusetts, there are a few different types of releases of easement that might be applicable in various situations: 1. General Release of Easement: This type of release applies when both parties (the easement holder and the landowner) agree to terminate the easement rights. It requires the consent of all parties involved and often includes details such as legal descriptions of the affected properties and the easement's purpose. 2. Specific Release of Easement: This release is more targeted and typically applies when a specific portion or aspect of an easement is being terminated, while other portions or aspects still remain intact. It may occur when the need for a particular easement arises temporarily or the intended purpose changes. The document specifies the portion or aspect being released, often accompanied by relevant maps or surveys. 3. Release of Easement by Abandonment: Sometimes, an easement may be released through abandonment. This occurs when the easement holder voluntarily and explicitly gives up their rights without any obligations. The release may require the recording of an affidavit or a quitclaim deed to prove abandonment. Regardless of the type, a Massachusetts Release of Easement must abide by the state's legal requirements. It should include the parties' full names and addresses, the easement's legal description, the termination date, and any relevant prior documentation references. Additionally, the document must be signed and notarized by all parties involved. The Release of Easement holds considerable significance as it eradicates any existing rights and obligations pertaining to the easement. It ensures clarity and legal validity, enabling the landowner to regain full control and use of their property while relieving the easement holder of their designated rights.

How to fill out Massachusetts Release Of Easement?

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FAQ

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

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

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.

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.

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.

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Use this form to release, terminate, extinguish a previously recorded document that involves access to and from a property. Documents such as: Easement Deeds or ... Fill in underlined blanks with the correct information. Replace [bracketed ... This easement may only be released, in whole or in part, by the Grantee if ...Mar 16, 2020 — “The doctrine requires that a servitude terminates 'when all the benefits and burdens come into a single ownership.'” Id., quoting the ... Elimination of a paper street should be accomplished by recordable releases from all those having rights in the way, Anderson v. Devries, 326 Mass. 127, 132 ( ... This is a sample form. The form submitted to the Planning Board shall be prepared as an original document. The Developer should not attempt to "fill in the ... Aug 10, 2022 — The easement paperwork gets filed at the Massachusetts Land Court if the property is registered land. These written easements are known as ... May 31, 2022 — Only the holder of the easement may sign the release and a release may be written out in a quitclaim renunciation deed or a grant deed. For ... A short form agreement granting an easement interest in real property for the benefit of another parcel of real property in Massachusetts. Land Development Review will review your application and if complete, will accept it for processing. A legal document known as a Quitclaim Deed (see attached ... Some standard easements in Brookline and surrounding areas in Massachusetts include: utility easements ... Release Deeds · Mortgage Programs for First-Time Buyers ...

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Massachusetts Release of Easement