Massachusetts Assignment of Easements - Short Form

State:
Multi-State
Control #:
US-OG-302
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Assignor sells, transfers, conveys and quit claims to Assignee, all of Assignor's rights, title, and interests in those easements and rights of way described within. This Assignment includes all personal property, pipelines, and equipment located on or under the Easements.



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FAQ

Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

On this page you'll find 13 synonyms, antonyms, and words related to easement, such as: access, passage, legal right, and means of access.

If a person apprehends that a right of way or other easement in or over his land may be acquired by custom, use or otherwise by any person or class of persons, he may give public notice of his intention to prevent the acquisition of such easement, by causing a copy of such notice to be posted in a conspicuous place ...

So for example, if your neighbor creates a path across your property to the woods where he hunts, and he uses the path for 5 years without any objection by you, your neighbor can obtain a prescriptive easement to use that path.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

A prescriptive easement, also called an ?easement by prescription,? is a property right acquired when a person ? lawyers call them trespassers ? uses a property that they don't own in a way that is called ? again, by lawyers ? open, adverse and continuous.

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

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Massachusetts Assignment of Easements - Short Form