New Hampshire Amendment to Easement and Right of Way (To Specifiy Course of Pipeline/Road)
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How to fill out Amendment To Easement And Right Of Way (To Specifiy Course Of Pipeline/Road)?
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FAQ
In an Opinion of the Massachusetts Supreme Court Justices to the Massachusetts Senate, the justices, in summarizing the common law of private ways, defined private roads as ?ways for travel, not laid out by public authority or dedicated to public use, that are wholly the subject of private ownership, either by reason ...
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.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
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.
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.
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).
