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In an Opinion of the Massachusetts Supreme Court Justices to the Massachusetts Senate, the justices, in summarizing the common law of private ways, defined private roads as ?ways for travel, not laid out by public authority or dedicated to public use, that are wholly the subject of private ownership, either by reason ...
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).
Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years.
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.
The duty to care for an easement belongs to the owner of the dominant estate.
Right of Way - A right of way is publicly owned area reserved for transportation purposes. Adjacent land from private owners may be required to construct, or reconstruct, highways or bridges within the right of way.
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.