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 Grant of Storm Drainage Easement and Right of Way
State:
Maryland
Control #:
MD-EAS-6
Format:
Word;
Rich Text
Instant download
Description
Used for the installation, construction, reconstruction, modification, alteration, maintenance, repair, operation, monitoring and inspection of a storm drainage facility.
Definition and meaning
The Maryland Grant of Storm Drainage Easement and Right of Way is a legal document that allows a designated authority, typically a county or municipality, the right to install, maintain, and operate storm drainage systems on private property. This easement ensures that the stormwater is effectively managed, preventing flooding and promoting proper drainage. Property owners grant this easement in exchange for a monetary consideration, thereby permitting the relevant authorities to access the land for maintenance and other related activities.
How to complete a form
Completing the Maryland Grant of Storm Drainage Easement and Right of Way involves several clear steps:
- Identify the parties: The form must clearly state the names of the Grantor(s) and the County.
- Consideration amount: Indicate the payment amount to be received by the Grantor(s).
- Describe the easement: Provide a detailed description of the areas affected by the storm drainage easement.
- Signatures: Both the Grantor(s) and witnesses must sign the document. Ensure that it is correctly notarized.
Make sure all details are accurate to avoid legal complications later.
Who should use this form
This form is primarily intended for property owners in Maryland who need to grant an easement for storm drainage purposes to their local government. It may also be relevant for homeowners or developers who are undergoing construction that affects stormwater drainage. By completing this form, users can ensure compliance with local regulations while allowing necessary drainage improvements.
Key components of the form
The Maryland Grant of Storm Drainage Easement and Right of Way includes several key components:
- Grantor(s): The party or parties granting the easement.
- Consideration: The amount of payment received in exchange for the easement.
- Description of the easement: Specific details regarding the location and dimensions of the easement.
- Covenants: Agreements made by the Grantor(s) regarding restrictions and responsibilities pertaining to the easement.
- Witnesses and notarization: Requirements for signature validation.
Legal use and context
The Maryland Grant of Storm Drainage Easement and Right of Way serves a critical role in local property law by clarifying the usage rights related to stormwater management. This easement ensures that storm drains are adequately maintained to mitigate any flooding risks. It is essential for both municipal authorities and property owners to understand the legal implications of granting such an easement, as it impacts property use, maintenance responsibilities, and potential liabilities.
What to expect during notarization or witnessing
When finalizing the Maryland Grant of Storm Drainage Easement and Right of Way, notarization is required to validate the document legally. Here’s what to expect during this process:
- Presence of a Notary Public: Both the Grantor(s) and witnesses should be present before a licensed notary.
- Identification: Parties will need to present valid identification for the notary to verify their identity.
- Signing the document: The Grantor(s) will sign the form in the notary's presence, confirming their understanding and agreement to the terms.
- Notary certification: The notary will then complete the certification section, adding their signature and seal.
This formal process is crucial for ensuring that the easement is enforceable in a court of law.
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FAQ
You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.
Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
A Right of Way Easement is a form of Easement annexed to land which grants a right to travel over a part of the landowner's property. This right of way is usually granted to neighbouring landowners. The legal rights of the attached landowners to use and maintain the right of way may not always be clear.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.A, without the consent of B and C, release the easement.
Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.
Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.