Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Maryland Grant of Easement for Light and Air is a legal document that allows an individual or entity to obtain the right to receive light and air through a specific area of land or property belonging to another person or entity. This easement ensures that the property owner cannot obstruct the flow of sunlight or the circulation of fresh air to the benefiting property. Maryland recognizes various types of easements for light and air, including the following: 1. Affirmative Easement for Light and Air: This type of easement grants the benefiting property owner the right to receive a certain amount of natural light and air flow from a specific area of the neighboring property. The burdened property owner must refrain from constructing any structures or obstructions that would block or significantly reduce the natural light and air. 2. Negative Easement for Light and Air: This type of easement prohibits the burdened property owner from erecting any structures or making any changes that would result in the obstruction of natural light and air to the benefiting property. The benefiting property owner retains the right to take legal action if their light and air access is compromised. 3. Perpetual Easement for Light and Air: A perpetual easement for light and air is one that remains in effect indefinitely. It runs with the land, meaning the easement continues to exist even if the ownership of the properties changes. This ensures the long-term benefit of light and air for the benefiting property. 4. Appurtenant Easement for Light and Air: An appurtenant easement is attached to a particular property and benefits the owner of another property. In this case, the benefiting property owner has the right to receive light and air from a specific area of land owned by the burdened property owner. Appurtenant easements are typically transferred when the property is sold, ensuring the continuity of the easement. 5. Gross Easement for Light and Air: In a gross easement, the right to use and enjoy light and air is granted to an individual or entity rather than a specific property. This type of easement may be personal and non-transferable or may be assignable to another person or entity. It is important to note that each Maryland Grant of Easement for Light and Air may have specific terms and conditions outlined within the document. Therefore, it is essential to thoroughly review and understand the contents of the easement before entering into any agreements or making changes to the properties involved.
