Maryland Partial Release of Easement(s)

State:
Multi-State
Control #:
US-OG-1078
Format:
Word; 
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This form is a partial release of easement(s).
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FAQ

Easement by prescription, also known as prescriptive easement, is a legal concept that allows an individual to use a portion of another person's property based on long-term, consistent, and open use of that property without the owner's explicit permission.

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.

In any clerk's office where the deeds or other instruments are photostated or microfilmed, no instrument on which a rider has been placed or attached in a manner obscuring, hiding, or covering any other part of the instrument may be offered or received for record.

Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.

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.

The primary difference between these two legal doctrines has to do with who ends up owning the property in question. A prescriptive easement gives the legal right of use to someone other than the rightful property owner.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

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 Partial Release of Easement(s)