Maryland Warranty Easement Deed For Conservation of Wetlands
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How to fill out Warranty Easement Deed For Conservation Of Wetlands?
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FAQ
Even though property owners aren't allowed to block any easements, they might try to do it anyway. These situations can be quite frustrating, especially if the easement allows access to your residential property.
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.
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.
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.
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.
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.
You can protect your land through a voluntary land protection agreement called a Deed of Conservation Easement. This is a legal agreement between a landowner and the Maryland Environmental Trust, which restricts the future uses of the landowner's property.