Maryland Environmental Restriction Easement
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FAQ
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
Conservation Tax Credits Income Tax Credit for Preservation and Conservation Easements: This conservation easement tax credit was passed in 2001, and allows the landowner to collect 100% of the fair market value of the parcel. The maximum credit it $800,000, and there is a maximum credit of $5,000 per year.
The party with the easement rights to use the land is responsible for safety and maintenance, including any accidents.
In Maryland, an easement is a non-possessory interest in the real property of another that can arise either by express grant or implication. (Clickner v. Magothy River Ass'n). Maryland easements are a species of servitude.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
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.
