This form is used when Grantor grants to Grantee, its successors and assigns, a right of way and easement (the Easement ) to install and operate a gas processing and treatment facility and gas liquids extraction plant, including all tanks, pumps, pipelines and other material and equipment necessary to use the facility and plant for gas processing and treating any extraction of liquid hydrocarbons (the Plant ), on, over, and across real property.
Massachusetts Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility
State:
Multi-State
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US-OG-653
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Word;
Rich Text
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How to fill out Easement Agreement And Damage Release For Installation Of Gas Processing And Treating Facility?
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FAQ
The duty to care for an easement belongs to the owner of the dominant estate.
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?.
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 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.
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.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
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).