Maryland Sample Letter for Request to Formalize Easement

State:
Multi-State
Control #:
US-0840LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.


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

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.

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.

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.

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).

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.

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.

Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

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Maryland Sample Letter for Request to Formalize Easement