Maryland General Form for Deed Granting Easement

State:
Multi-State
Control #:
US-01176BG
Format:
Word; 
Rich Text
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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. An easement is a real property interest, but separate from the legal title of the owner of the underlying 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.

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FAQ

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.

An easement deed should be recorded at the circuit court in the county where the property is located. If the property is located in more than one county, the easement deed should be recorded in all such counties ( 3-103).

A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

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.

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.

Maryland law requires all deeds to include the names of the grantor (the seller) and grantee (the buyer), a description of the property, and the interest that you intend to convey. All deeds must be recorded with the Department of Land Records in the county where the property is located.

Deed Requirements All deeds and other property-related documents must be accompanied by a completed Maryland State Intake Sheet. A deed which changes or transfers ownership of property must be accompanied by a lien certificate. A deed submitted without a lien certificate will not be processed.

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Maryland General Form for Deed Granting Easement