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.
Maryland Railroad Right of Way Easement Agreement
State:
Maryland
Control #:
MD-EAS-2
Format:
Word;
Rich Text
Instant download
Description
Easement for access over County property. An easement for the purpose of ingress/egress on the County property, described in Exhibit "A", attached and made a part by reference, subject to the given terms and conditions.
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FAQ
A railroad easement agreement typically gives one party the right to enter and exit a neighboring party's land or use shared structures for agreed-upon reasons. A railroad easement is legally binding on both the railroad company and the adjoining property owned once filed in the area land records.
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
The term right-of-way is often associated with railroads and is a common source of confusionboth in the courtroom and among the general population. A right-of-way may describe a limited interest or servitude over the land of another, or it may refer to the strip of land itself.
The typical 50' width is the most common railroad right of way width (25' either side of centerline of said track).
Yes, you can build on a property easement, even a utility easement.The dominant estate owning the easement may need to access the easement. Anything, from a house addition down to fences, shrubs, and children's playsets might need to be removed in this event.
When the line is abandoned, ownership can revert back to the underlying landowner, usually the adjacent property owner.In such situations, when a railroad abandons the line, it gives up its easement rights to use the land and fee simple complete and exclusive ownership reverts to the underlying landowner.
In accordance with Section 339, a distance of at least 14 feet from the center line of each railroad track must be maintained between parallel railroad tracks or adjacent sidetracks, unless authorized by written approval from MDOT's Office of Rail.
For most of its length, the right of way is 66 feet wide centered on the tracks.