Maryland Agreement between Adjoining Owners Creating Easement for Common Driveway

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US-00704BG
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. It is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

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.

These easements are maintained by the County. Easements in a residential subdivision draining to a County right-of-way not conveying "public" water shall be specified as a "Private Drainage Easement" unless otherwise specified by the County.

In legal terms, a prescriptive easement in Maryland is a type of right one person may have to use a portion of another person's property, without owning it. This can occur when someone has been using part of another's land openly, continuously, and without permission for a statutory period.

Easements By Prescription ? Under Maryland law, a claimant may prove an easement by prescription by demonstrating that he has used the land in question continuously and uninterruptedly for a period of twenty years or more under claim of right without permission or under color of title.

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.

Due to the easement, the property owner may not be responsible for accidents on the land involved in the easement. Because a party other than the owner has the legal right to use the relevant land, that party can take legal responsibility for the safety, care, and maintenance of the land and accidents.

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Maryland Agreement between Adjoining Owners Creating Easement for Common Driveway