Maryland General Right-of-Way Instrument

State:
Multi-State
Control #:
US-00497
Format:
Word; 
Rich Text
Instant download

Description

This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.


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.

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FAQ

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

A prescriptive easement is essentially an easement created by adverse possession minus the exclusive element. An easement is a right to use another's land but not to possess it. An example of an easement is the right to cross a path on your neighbor's land.

UTILITY EASEMENT The current requirement for 10?foot?wide public utility easements (PUE) on both sides of all streets has been reduced to a single PUE for all roads (public or private).

An easement is the right that one person has to use a designated part of another person's property for a specific purpose, such as the extension of a water or sewer line across part of your property.

The termination must be approved both by the Maryland Agricultural Land Preservation Foundation and the county's governing body. The Foundation will generally only terminate an easement if future profitable farming is unfeasible. Either the Foundation or the county's governing body can deny a termination request.

To establish an easement by prescription a person must make an adverse, exclusive, and uninterrupted use of another's real property for twenty years.

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Maryland General Right-of-Way Instrument