I have learned that a local riding club has asked the county to grant
a permanent equestrian easement across land that I purchased 6 months
ago. Apparently a prior owner of my land granted permission to the
club to cross my land. I no longer wish to permit horses on my land
(it drives my dogs nut!)
and I certainly do not want to grant anyone any permanent rights over
my land.
Can they really get an easement over my objection? Under what
circumstances?
Great answers get great tips from me! |
Request for Question Clarification by
journalist-ga
on
24 May 2003 08:14 PDT
In my state, if the easement has been granted/used for 7+ years, then
a legal easement has been established. However, this may vary from
state to state so it will be necessary for a Researcher to know your
location (country, state, county) to be able to search local law.
|
Clarification of Question by
jmhines123-ga
on
24 May 2003 08:17 PDT
I live in Maryland.
|
Request for Question Clarification by
darrel-ga
on
24 May 2003 08:59 PDT
Could you please also provide the municipality and county governments
under which you'd fall?
|
Request for Question Clarification by
expertlaw-ga
on
24 May 2003 09:09 PDT
Dear jmhines123,
Additionally, it would be helpful to know the factual basis presented
in the riding club's petition for an easement, as well as any legal
authority they reference in their petition.
|
Request for Question Clarification by
digsalot-ga
on
24 May 2003 10:34 PDT
Time is a factor in your case. In Maryland if an easement has been
granted or implied through what is known as "adverse use" for 20
years, then it is a legal easement.
http://www.houselist.com/forms/que/easement.htm
|
Clarification of Question by
jmhines123-ga
on
24 May 2003 11:25 PDT
The property is located in Sandy Spring, Md. Montgomery County.
|
Clarification of Question by
jmhines123-ga
on
24 May 2003 11:41 PDT
Clarification - an adjoining property is going through the process of
getting approval for a new subdivision. The club has asked the county
to require the developers to set asside land for a horse trail.
Additionally, the club is also trying to secure easements covering
several paths in the area, including one crossing my land.
My only knowledge of their desire for an easement comes from a letter
they submitted to the Planning Board in connection with the public
review process for the neighboring development.
|
