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.
Maryland Aviation and Hazard Easement is a legal concept that revolves around protecting the airspace and adjoining lands from potential aviation-related hazards. It is designed to ensure the safety and stability of aircraft operations and to minimize the risk of accidents or damage to people and property. Aviation refers to the flying of aircraft in navigable airspace, while hazards can encompass various issues such as noise, vibration, air pollution, and incompatible land use near airports. In Maryland, there are primarily two types of aviation and hazard easements: Aviation Easements and Hazard Easements. 1. Aviation Easements: These easements grant certain rights to aviation authorities or airports over adjacent lands necessary for safe aircraft operations. They can establish airspace restrictions and property-use limitations to ensure a clear flight path, reduce potential obstacles, and prevent the creation of structures that could interfere with aviation activities. Aviation easements also typically require landowners to refrain from certain activities that may increase hazards to aircraft, such as erecting tall structures or planting high-growth trees. 2. Hazard Easements: Hazard easements are designed to address specific aviation-related hazards, such as noise or vibration, that may affect neighboring properties. They aim to protect residents or property owners from potential harm by establishing restrictions on certain land uses or activities that could exacerbate these hazards. For example, a hazard easement may prohibit the construction of noise-sensitive buildings (e.g., hospitals, schools) within a specified distance from an airport or require soundproofing measures for properties within designated noise zones. These easements not only safeguard residents but also ensure compliance with federal and state aviation regulations. In both cases, aviation and hazard easements are typically voluntary agreements between landowners and governmental aviation authorities or airport authorities. Landowners may be compensated for granting these easements, and the agreements may specify the duration of the easements or terms for termination or modification. It is important to note that aviation and hazard easements are essential for maintaining safe aviation operations, reducing noise pollution, and protecting the rights and well-being of adjacent property owners in Maryland. These legal mechanisms play a critical role in balancing the needs of the aviation industry with the interests of surrounding communities and promoting harmonious coexistence between airports and their neighboring properties.
