Berkshire County Easement Deed Forms (Massachusetts)

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Form Package

Easement Deed

State

Massachusetts

Area

Berkshire County

Price

$27.97

Delivery

Immediate Download

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More info on getting a copy of your existing deed and eRecording.

Included Forms

All Berkshire County specific forms and documents listed below are included in your immediate download package:

Easement Deed Form

Easement Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 4/12/2024

Easement Deed Guide

Easement Deed Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 3/22/2024

Completed Example of the Easement Deed Document

Completed Example of the Easement Deed Document

Example of a properly completed form for reference.
Included document last reviewed/updated 1/9/2024

Guide to Writing an Easement Description

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.
Included document last reviewed/updated 1/19/2024

Frequently Asked Questions:

How long does it take to get my forms?

Forms are available immediately after submitting payment.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Massachusetts or Berkshire County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Berkshire County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What type of files are the forms?

All of our Berkshire County Easement Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Can the Easement Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Berkshire County that you need to transfer you would only need to order our forms once for all of your properties in Berkshire County.

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.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Areas Covered by These Easement Deed Forms:

  • Berkshire County

Including:

  • 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

What is the Massachusetts Easement Deed

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)

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.

Reviews

4.8 out of 5 (4313 Reviews)

Jeane W.

April 13th, 2024

I needed to add my partner to my warranty deed and deeds.com made it easy to understand what form I needed, attached a great explanation of the form and a sample of the form filled out. Couldn\'t be happier. In fact I\'m researching a Revocable Transfer on Death Deed now and they\'ve given me the confidence to rewrite my own will on my own.

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April 12th, 2024

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April 11th, 2024

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August 14th, 2019

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October 5th, 2023

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Joseph L.

February 11th, 2019

Very easy to fill out and and saved a lot of extra cost by doing it ourselves and getting it notarized.

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July 7th, 2020

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December 12th, 2022

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July 29th, 2021

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RAMONA F.

July 29th, 2020

Good communication but they were unable to help me

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James L.

February 15th, 2022

The process to obtain online forms was simple and straight forward and uncomplicated.

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Robert D.

December 25th, 2020

I was trying to register a financial statement (non real estate document). There was no link or statement on the home page to indicate that this could be done. All I had to do was to create an account, name and then upload the document. It took me over a day and several phone calls to the local deed recording office to try to figure this out. A simple link or statement to this effect would have saved me a lot of time

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Lanette H.

September 9th, 2020

I liked getting the forms but I was charged twice for some reason. I'm not sure what happened with that. Can you reimburse me? Thank you. Lanette

Reply from Staff

Thank you for your feedback Lanette. In review, it looks like your first payment was declined, second one was approved and processed. What you are seeing is one payment and a hold placed by your financial institution for the declined attempt. We are not sure why they do this but the hold usually falls off after a few day depending on their policy. If you have further questions about this you can contact your financial institution and they will explain. Have a great day.

scott m.

February 21st, 2021

thanks- easy as pie.

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Gina M.

August 25th, 2021

Wow, great forms. They do have some protections in place to keep you from doing something stupid but if you use the forms as intended they will work perfectly for you.

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