Maryland Quitclaim Deed Termination or Terminating Easement

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Multi-State
Control #:
US-00992BG
Format:
Word; 
Rich Text
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Description

A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. A quitclaim therefore can be used to terminate an easement. This form is a generic example that may be referred to when preparing such a form for your particular state.

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FAQ

Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.

Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.

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.

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.

Which would terminate an easement? An easement is terminated by; express release of the right, merger of a dominant and servient property, abandonment, condemnation, destruction, and non-use of an easement.

Easements are contractual agreements between a property owner and a holding organization. Generally, the owners of the easement property agree to relinquish partial development rights, to maintain the property, to provide limited public access, and to obtain prior approval for any changes or alterations.

Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.

An easement is an agreement between two parties, where one is granted land access in exchange for a fee. Utility easements are the most common, such as when a telephone or power company runs lines through a property for which they've been granted an easement.

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Maryland Quitclaim Deed Termination or Terminating Easement