Massachusetts Easement for Water and Sewer: Types and Detailed Description In Massachusetts, an easement is a legal right given to a person or entity to use someone else's property for a specific purpose. When it comes to water and sewer services, Massachusetts has specific easements in place to ensure access and maintenance of these essential utilities. This article will provide a detailed description of the Massachusetts Easement for Water and Sewer, including its types and relevant keywords. 1. Permanent Easement: A permanent easement for water and sewer in Massachusetts grants a long-term right to a utility company or municipality to access someone's property to install, repair, and maintain water and sewer lines. This easement is typically recorded in the property's deed records and is meant to be ongoing until the utility is no longer needed. 2. Temporary Easement: A temporary easement for water and sewer in Massachusetts is granted for a specific period. It allows the utility company or municipality to access the property for a limited time to conduct necessary construction or repairs related to the water and sewer lines. Temporary easements specify the duration of the access granted and the purpose for which it is granted. 3. Access Easement: An access easement for water and sewer in Massachusetts is granted to provide access to water and sewer facilities on one property through another adjacent property. This type of easement ensures that utility workers can reach the required infrastructure, even if it is not directly accessible from the road or public right-of-way. 4. Maintenance Easement: A maintenance easement for water and sewer in Massachusetts allows the utility company or municipality to access a property solely for the purpose of maintaining and repairing water and sewer lines. This type of easement ensures that the infrastructure remains in optimal condition and prevents any potential disruptions to the water and sewer services. 5. Serving Estate: In Massachusetts, the property that grants the easement for water and sewer is referred to as the serving estate. The owner of the serving estate must allow access to the utility company or municipality according to the terms specified in the easement agreement. 6. Dominant Estate: The dominant estate in Massachusetts easements for water and sewer refers to the property or properties benefiting from the easement. These properties receive the water and sewer services through the infrastructure located on the serving estate. 7. Right-of-Way Easement: A right-of-way easement for water and sewer in Massachusetts provides the utility company or municipality the right to access a specific pathway on the property to install, repair, and maintain water and sewer lines. This type of easement establishes a clear route for the utility workers to access the necessary infrastructure. In summary, the Massachusetts Easement for Water and Sewer includes various types such as permanent, temporary, access, maintenance, right-of-way, serving estate, and dominant estate easements. These easements ensure the access, installation, repair, and maintenance of water and sewer lines to provide uninterrupted services.
Massachusetts Easement for Water and Sewer
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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?.
A drainage easement is a legal encumbrance on the title of a property to provide Council with the authority to carry out whatever works are required on drainage infrastructure within the easement.
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.
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.
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.
