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.
A Maryland Deed of Conservation Easement is a legal agreement that allows landowners to voluntarily restrict the development and use of their property to conserve its natural resources and ecological values. This agreement is entered into between the landowner, known as the granter, and a qualified organization or government entity, known as the grantee, that is responsible for enforcing and monitoring the terms of the easement. A Deed of Conservation Easement in Maryland can take various forms and may include specific provisions based on the unique characteristics of the property and the conservation goals of the landowner. Some common types of Maryland Deed of Conservation Easements include: 1. Agricultural Easements: These easements are designed to protect farmland by limiting its conversion to non-agricultural uses. They encourage sustainable farming practices and maintain the agricultural heritage of the state. 2. Forest Conservation Easements: Forested lands and their associated ecological values are conserved through forest conservation easements. These easements help maintain wildlife habitat, water quality, and the overall health of forest ecosystems. 3. Historic Preservation Easements: Properties with historical, architectural, or cultural significance can benefit from historic preservation easements. These easements ensure the protection and preservation of historically significant structures and landscapes. 4. Open Space Easements: Open space easements are employed to protect expansive natural areas, scenic landscapes, and important recreational spaces. They can also safeguard critical wildlife habitats and mitigate urban sprawl. 5. Riparian Easements: Riparian areas, such as wetlands and stream corridors, play a crucial role in ecological processes and water quality. Riparian easements aim to safeguard these sensitive habitats and maintain their environmental functions. 6. Watershed Protection Easements: Easements focused on watershed protection help preserve and improve water quality, protect wetlands, and prevent erosion and sedimentation within critical watershed areas. Maryland Deed of Conservation Easements provide long-term protection by running with the land, meaning that they bind both the current and future owners. Once an easement is established and recorded, it becomes a permanent legal document, ensuring that the conservation values of the property are safeguarded for future generations. Typical conservation easement provisions may include restrictions on subdivision, commercial development, intensive land uses, and certain resource extraction activities. The specific terms and conditions of the easement are negotiated between the granter and the grantee and must comply with relevant local, state, and federal laws. Conservation easements can offer various benefits to landowners, including potential federal and state tax incentives, reduced property values for estate tax purposes, protection against future zoning changes, and the satisfaction of preserving the environment. These easements play a vital role in Maryland's efforts to conserve its natural resources, protect wildlife habitats, support sustainable agriculture, maintain scenic landscapes, and preserve its unique cultural heritage.
