Easements

frequentflier

frequentflier

happy to be living
In Calvert, does any one know the process? A person that bought property behind us said he can build a road through my property to access his. It will involve taking down a lot of mature trees.
This is new to me and what little I read about it, it is legal.
Any advice? Anyone go through this? Thanks in advance.
 
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Yooper

Yooper

Up. Identified. Lase. Fire. On the way.
In the UP (Michigan) this is a big deal. And quite complicated.

In addition to @Ken King's comments I would say it would be worth the time/effort/potential expense to speak with a local real estate lawyer. We've talked to a few and most of them will talk to you "for free" for a few minutes and provide general advice as to how best to proceed.

Here's a link that might help in your info gathering:

Maryland Easement Law

Maryland easement laws on property boundaries and lines for both real property and land. Advice on how to handle and settle boundary line disputes. Find a Real Estat
www.realestatelawyers.com www.realestatelawyers.com

Best of luck on this endeavor.

If you have time/interest, please keep this thread going. Very interested to read what you find out and how it turns out.

--- End of line (MCP)
 
frequentflier

frequentflier

happy to be living
When we bought this house and property, we loved that there is an old cemetery and church next door and it is considered a historical site. We knew no one would ever build there!
The road this young man is talking about building goes right between the historic site and one of my out buildings. And I am pretty sure it is my land the road is going on. I really love this property and the privacy, mature trees and the quiet. I am not looking forward to losing trees and construction vehicles running right beside my home for months on end.
I will consult with our attorney soon.
 
black dog

black dog

Free America
frequentflier said:
In Calvert, does any one know the process? A person that bought property behind us said he can build a road through my property to access his. It will involve aking down a lot of mature trees.
This is new to me and what little I read about it, it is legal.
Any advice? Anyone go through this? Thanks in advance.
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Look at a Certified Survey of your property., You might have gotten one at settlement. It will have the easement on it if there is one.
If not, to the courthouse you must go.
 
glhs837

glhs837

Power with Control
Make sure to dig around a bit, I concur with a real estate lawyer. When we bought our porperty seven years ago, I was told there were covenants, but none of those appeared on the deed. but three years later when we refinanced through NAVFED, the deed they surfaced had them. Things like restrictions on mobile homes and other temporary structures, no clearing of the forest for the first 150ft in from the private road, and the statement that all households would equally share the cost of road upkeep.
 
stgislander

stgislander

Well-Known Member
PREMO Member
glhs837 said:
When we bought our porperty seven years ago, I was told there were covenants, but none of those appeared on the deed. but three years later when we refinanced through NAVFED, the deed they surfaced had them.
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That's sounds really odd.
 
glhs837

glhs837

Power with Control
stgislander said:
That's sounds really odd.
Click to expand...

It certainly was. I even asked at closing, since the person who told me about has been there since the raod was put in. In fact her father bought the property and made the road and five lots, one for each of his children. She's the only one left, the others sold the lots pretty fast. At closing they told me that there were no convenants. Unlike every other house which are occupied by the orignal homeowners, mine has changed hands four times, and was a foreclosure when I bought it, I assume the covenants got lost in one of those transactions.
 
Gilligan

Gilligan

#*! boat!
PREMO Member
My sister has been a real estate attorney for about 30 years.....she's turned up some real hidden doozy's during some of her pre-settlement research.
 
Chris0nllyn

Chris0nllyn

Well-Known Member
frequentflier said:
In Calvert, does any one know the process? A person that bought property behind us said he can build a road through my property to access his. It will involve taking down a lot of mature trees.
This is new to me and what little I read about it, it is legal.
Any advice? Anyone go through this? Thanks in advance.
Click to expand...

Is his/her property land locked? If so, an easement to access their property is generally required.

Calvert's Zoning Ordinance says:
If access to the development is proposed over one or more adjacent properties, a permanent access easement, with a minimum width of 20 feet, shall be recorded among the Land Records of Calvert County. A copy of the easement shall be submitted with the site plan or plot plan application.
Click to expand...

However, if there is a nearby road, that's typically the first route.

Go to the Planning and Zoning and get a copy of your plat layout. That should show the easement.
 
Grumpy

Grumpy

Well-Known Member
Try the below link, enter your address and it should show your plat and the surrounding plats...if there is a double line between plats, I believe that is an easement to a landlocked lot. Takes a few minutes to load completely, eventually it will ask you how you want to search.

Plat/Address search
 
Grumpy

Grumpy

Well-Known Member
Gilligan said:
Many easements are not recorded on the land plat; recorded on or with deed only.
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I don't know, you could be right..B-in-law is on main road here in Calvert with landlocked lots behind him and I saw dual lines on the property lines where the driveways went to the landlocked lots..just assumed they were probably an easement..don't see anything like that with my 2 properties but see double lines on another lot# that access the landlocked acreage behind me.
 
Gilligan

Gilligan

#*! boat!
PREMO Member
Grumpy said:
I don't know, you could be right..B-in-law is on main road here in Calvert with landlocked lots behind him and I saw dual lines on the property lines where the driveways went to the landlocked lots..just assumed they were probably an easement..don't see anything like that with my 2 properties but see double lines on another lot# that access the landlocked acreage behind me.
Click to expand...
You can even download the forms and instructions to add an easmement to any deeded property right from Calvert's web site. Further, easements do not have to be permanent; many are granted to specific persons for specific periods and expire.

I believe those double lines you referred to are for an access/right of way easement though.
 
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