Maryland Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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

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.

An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.

Building Guidelines Fences cannot be built within access easements. If a fence is erected within an easement and is required to be removed, it is done at the owner's expense.

The party with the easement rights to use the land is responsible for safety and maintenance, including any accidents.

Expiration. The simplest way an easement can terminate is if the time period for the easement's existence expires. ... Merger of Title. ... Release or Abandonment by the Easement Holder. ... Cessation of the Purpose of the Easement. ... Destruction of the Servient Tenement. ... Prescription.

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.

January 2, 2023 /by Evans Law. Easements allow property owners to grant access to their land without also turning over ownership of that land. However, there can be some confusion when the property is later given away, sold, or inherited.

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Maryland Utility Easement