An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Masslandrecords
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Middlesex
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This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.
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FAQ
In the common a situation where an easement holder's driveway crosses the burden estate, and the holder is the only user of the way, then the easement holder is responsible for the maintenance and it's costs.
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?.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.
You can find if there are any easements that grant any rights over your land by checking Section C Charges Register within your title deeds. During a purchase your solicitor reports to you regarding any easements over the land you are buying.
A right of way is best described as an easement that allows the owner of one property the right to pass and repass over a specified area of another person's property. This access may be by foot, machinery, or vehicles and can also extend to domestic or, for rural property, farm animals.
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
A right of way can be claimed on the basis of user evidence (i.e. that the public has established a right of way by using a defined route over a period of time), or documentary evidence (i.e. based on historical documents such as Enclosure Awards or other old maps), or a combination of the two.
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.
A private Right of Way (sometimes called an ?easement?) typically gives one land owner the right to cross or use another's property, usually a road or pathway of some kind, to get to and from their land or other point. This right is usually given in the form of a deed, much like a deed to property.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement.
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Encumbrances etc. Easement"), over and upon and under a portion of the land of Grantor in CONCORD,.5 million to obtain an easement to improve vehicular access to the property and to perform baseline.