What is an affirmative servitude?

An affirmative servitude in Massachusetts is a type of real estate law which requires one party to make a specific action or allowing a specific use of their property for the benefit of another party. This is usually done through a contract between the two parties, with one party having a duty to perform, such as maintaining a road oralleway. In exchange, the other party would receive a benefit, such as access to the maintained road or alleyway. Affirmative servitudes can also be used to ensure that the land remains in its current state, such as preventing future development or noise pollution by surrounding parties. In Massachusetts, courts can enforce an affirmative servitude as long as it is within the boundary of the state’s public policy. A typical affirmative servitude would include a description of the duty that is required, such as a road or walkway that must be kept clear and free of impediments, and the exchange of benefit that is received for it, such as access across the maintained road or alleyway. Affirmative servitudes can be beneficial to both parties involved, as it is mutually beneficial and provides a means for one party to benefit from the actions of another.

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