A Maryland Drainage Easement is a legally established right granted to an individual or entity allowing them the privilege to use another person's property for the purpose of managing stormwater or excess water runoff. This easement is typically created to protect surrounding properties from potential flooding or water damage. In Maryland, there are primarily two types of Drainage Easements that may exist: 1. Surface Drainage Easement: This form of easement allows for the flow of water across an identified area of land. It permits the digging of ditches, installation of culverts, or any other necessary means to facilitate proper drainage. The landowner retains ownership of the property but grants the easement holder the right to use the designated area for drainage purposes. 2. Subsurface Drainage Easement: Unlike a surface drainage easement, a subsurface drainage easement allows the easement holder to install and maintain below-ground drainage systems. This can include the placement of pipes, drain tiles, or other underground components to effectively redirect water flow. The landowner still maintains ownership of the property but permits the easement holder to access and use the subsurface area for drainage-related activities. Under Maryland law, the creation of a drainage easement generally requires a written agreement between the landowner and the easement holder or a formal declaration recorded with the county land records. Easements can be granted on private or public land, depending on the specific circumstances and requirements. Successful drainage easements help prevent flooding, protect property values, and contribute to overall stormwater management and environmental conservation efforts. Keywords: Maryland drainage easement, surface drainage easement, subsurface drainage easement, stormwater management, water runoff, flooding prevention, private land, public land, property protection, property values, easement holder, landowner rights.
Maryland Drainage Easement
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What is the effect of an easement holder's using the easement beyond its legal scope? The servient landowner may enjoin the use. Which of the following acts will terminate an easement? Condemnation of the servient estate.
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.
DRAINAGE EASEMENTS The general purpose of drainage easements are to maintain the historical flow and alignment of storm water runoff, or to provide building setbacks. These easements are most commonly acquired through dedication by the property owner during the development process.
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.
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.
In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident.
In Maryland, the general rule for liability related to surface water runoff is referred to as the civil rule which states the higher elevation land owner has the right to have his or her surface water flow naturally over the lands of a lower elevation landowner and the lower elevation owner has no right to prevent the ...
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.