Massachusetts Assignment of Easements and Rights of Way

State:
Multi-State
Control #:
US-OG-513
Format:
Word; 
Rich Text
Instant download

Description

This form provides for the assignment of easements and rights of way.

How to fill out Assignment Of Easements And Rights Of Way?

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FAQ

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.

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.

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.

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.

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Massachusetts Assignment of Easements and Rights of Way