Montgomery Maryland General Form for Deed Granting Easement

Name: Montgomery Maryland General Form for Deed Granting Easement
Brand: US Legal Forms
Rating: 4.68 (359 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Montgomery

Control #:

US-01176BG

Format:

Instant download

Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.

An easement is a right to use land An easement is a right to use land belonging to another. An easement is an interest in land and An easement is an interest in land, and is generally created by deed. Borders v. Yarbrough, 237 N.C. 540, 542, 75 Yarbrough, 237 N.C. 540, 542, 75 S.E.2d 541.

An easement deed is a real property instrument which must be signed by the grantor in order to be recorded. The grantor's signature should be original and must also be acknowledged by the grantor before a judge or clerk of a court of record in Ohio, a county auditor, a county engineer, notary public, or mayor.

In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14).

An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.

(An equitable easement can be registered as a land charge if created post 1925). A caution against first registration of the servient land could be lodged to protect the dominant land owner, so that when an application is made to register the servient land, the easement could be noted at the same time.

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

The most basic way to create an easement, of course, is for the owner of the servient estate to agree, in writing (since an easement is an interest in land), to grant an easement to another person or specially reserve an easement when the owner conveys a parcel of the owner's land to another person.

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Asement constitutes a covenant real running with the title of the land and is granted to preserve, protect. ,. A deed is a document that states ownership of real property.Furthermore, this Court has found that an easement was granted pursuant to a written instrument not in the form of a deed, see, e.g. Montgomery County expects to use its standard Agreement form. This Instruction does not delegate or grant authority to acquire real property assets; delegations will be made in a separate document. General Permit for Stormwater Associated with Construction Activity . 010) and in the form of a "deed" (RCW 64.04.

Montgomery Maryland General Form for Deed Granting Easement

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