How is one to determine what the certain rights are that are given, and to whom the certain rights are given? Certainly not the person that wrote this kludge of a paragraph.
vague much?
...a young real estate attorney trying to write his/her first deed and failing.
If there is physical evidence of an otherwise undocumented access strip being used on the "west side" of this tract (ie/ an apparent easement by prescription) this statement might be used to limit the width thereof.
How is one to determine what the certain rights are that are given, and to whom the certain rights are given? Certainly not the person that wrote this kludge of a paragraph.
This doesn't read as overly kludgy to me. I'm assuming this is a Massachusetts deed. It's a right of way 13' wide on the west side of the parcel. "Right of Way" is a form of easement that includes all rights for the use of a road, including installation of utilities. The word "certain" in the phrase "certain rights of way" is superfluous. As noted earlier, physical evidence may help you locate it on the ground, otherwise you might presume that it runs adjacent to the westerly boundary based on the wording of the description.
I have no problem finding the the easement. That part is described fairly accurately. There is a section however, that is 12 feet wide, and shows on a Land Court plan. In this case the adjoining property developed a concrete wall and a walkway in the easement. I am sure the certain rights of certain property owners do not include such a structure. It also blocks doorways of the servient tenement.
I have no problem finding the the easement. That part is described fairly accurately. There is a section however, that is 12 feet wide, and shows on a Land Court plan. In this case the adjoining property developed a concrete wall and a walkway in the easement. I am sure the certain rights of certain property owners do not include such a structure. It also blocks doorways of the servient tenement.
I do not believe that construction of a concrete wall is within the easement rights of a right of way (again, in Masachusetts) unless it is a support wall for the roadway, either to hold the road up, or to keep the hill from tumbling into it.
This sounds like you are edging into "the lawyer zone". Location of the rights is our gig, the definition and nature of those rights is up to the landowners to assert or defend, possibly with their lawyer's help.
Aren't easements fun?
The general public has no comprehension of exactly what they are giving up by agreeing to such legal documents. Attorneys make many many many dollars on easements over the decades and centuries, as most never go away.
Without easements how would we charge our electric cars?
Easements are some of the most potential litigious issues surveyors deal with. The only time I was subpoenaed was over a powerline built outside of any easement. A surveyor friend paid out due to a "temporary" construction easement, not graphically shown.
