Berkshire County Easement Deed Form

Berkshire County Easement Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Berkshire County Easement Deed Guide
Line by line guide explaining every blank on the form.

Berkshire County Completed Example of the Easement Deed Document
Example of a properly completed form for reference.

Berkshire County Guide to Writing an Easement Description
A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
All 4 documents above included • One-time purchase • No recurring fees
Additional Massachusetts and Berkshire County documents included at no extra charge:
Where to Record Your Documents
Berkshire Middle District Registry of Deeds
Address:
44 Bank Row
Pittsfield, Massachusetts 01201
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (413) 443-7438
Northern Berkshire District Registry of Deeds
Address:
65 Park Street
Adams, Massachusetts 01220
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (413) 743-0035
Southern Berkshire District Registry of Deeds
Address:
334 Main St, Suite 2
Great Barrington, Massachusetts 01230
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (413) 528-0146
Recording Tips for Berkshire County:
- Double-check legal descriptions match your existing deed
- Bring extra funds - fees can vary by document type and page count
- Leave recording info boxes blank - the office fills these
- Avoid the last business day of the month when possible
- Mornings typically have shorter wait times than afternoons
Cities and Jurisdictions in Berkshire County
Properties in any of these areas use Berkshire County forms:
- Adams
- Ashley Falls
- Becket
- Berkshire
- Cheshire
- Dalton
- Drury
- East Otis
- Glendale
- Great Barrington
- Hinsdale
- Housatonic
- Lanesboro
- Lee
- Lenox
- Lenox Dale
- Mill River
- Monterey
- North Adams
- North Egremont
- Otis
- Pittsfield
- Richmond
- Sandisfield
- Savoy
- Sheffield
- South Egremont
- South Lee
- Southfield
- Stockbridge
- Tyringham
- West Stockbridge
- Williamstown
- Windsor
How do I get my forms?
Forms are available for immediate download after payment. The Berkshire County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Berkshire County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkshire County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Berkshire County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Berkshire County?
Recording fees in Berkshire County vary. Contact the recorder's office at (413) 443-7438 for current fees.
Have other questions? Contact our support team
An easement is a non-possessory and non-ownership right to use another person's property for a specific use. The easement deed is the legal instrument that creates this right. Easements are either affirmative or negative and can be appurtenant or an easement in gross. An appurtenant easement benefits the dominant estate and runs with the land. Easements in gross benefit an individual or legal entity. In Massachusetts, easements can be created by deed, will, or contract; or by prescription or implication. In a conveyance of real estate in Massachusetts, all rights, easements, privileges, and appurtenances belonging to the granted estate are included in the conveyance, unless a contrary intention is stated in the deed (183-15).
According to section 187-1A of the Massachusetts General Laws, an easement of direct sunlight can be acquired over the land of another by direct grant or covenant, or by a solar access permit. The contents of a solar easement should follow the guidelines as set forth in 187-1 of the Massachusetts General Laws. When a person erects a house or other structure with windows overlooking another's land, they do not, by the mere continuance of such windows, acquire an easement of light and air so as to prevent the erection of a building on such land (187-1).
A right or privilege of way or other easement cannot be acquired by adverse use or enjoyment upon or over the land of another, unless the use or enjoyment is continued uninterrupted for twenty years (183-2).
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). An easement deed can be acknowledged by one or more of the grantors or by the attorney executing it. The officer before whom acknowledgements are made should endorse the certificate of acknowledgement on the deed. Acknowledgments made in Massachusetts can be made before a notary public or justice of the peace. Acknowledgments made out of state may be made before any of the officers listed in 183-30b of the Massachusetts General Laws (183-30).
In order for an easement deed to be valid against people other than the grantor, his heirs, and devisees, and persons having actual notice it must be recorded in the registry of deeds in the county or district where the land lies (183-4). The record of an easement deed, duly acknowledged or proved as provided, is conclusive evidence of the delivery of the instrument, in favor of purchasers for value without notice (183-5). Massachusetts has a race-notice recording act, which means that constructive notice is determined by the recording of documents.
(Massachusetts ED Package includes form, guidelines, and completed example)
Important: Your property must be located in Berkshire County to use these forms. Documents should be recorded at the office below.
This Easement Deed meets all recording requirements specific to Berkshire County.
Our Promise
The documents you receive here will meet, or exceed, the Berkshire County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Berkshire County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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