Massachusetts Easement and Right of Way (For Electrical Transmission Lines - Short Form)

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This form is a short form easement and right of way for electrical transmission lines.
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FAQ

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.

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.

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 can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.

A prescriptive easement requires use of the property which has been open, notorious, continuous and adverse for an uninterrupted period of five years. Whether the elements of prescription are established is a question of fact for the trial court.

Utility right-of-way means the right to place onto and have a part or parts of the Electrical Distribution System on the Lands and the right to come onto the Lands for the purpose of constructing, operating, inspecting, maintaining and reclaiming all or any part of the Electrical Distribution System.

Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L. c. 187, § 2.

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Massachusetts Easement and Right of Way (For Electrical Transmission Lines - Short Form)