2017 Maryland Code
Title 2 - Rules of Construction
§ 2-118. Conservation easements; grants to certain trusts [Amendment subject to abrogation].
- (a) Creation and enforcement of conservation easements for certain purposes. -- Any restriction prohibiting or limiting the use of water or land areas, or any improvement or appurtenance thereto, for any of the purposes listed in subsection (b) of this section whether drafted in the form of an easement, covenant, restriction, or condition, creates an incorporeal property interest in the water or land areas, or the improvement or appurtenance thereto, so restricted, which is enforceable in both law and equity in the same manner as an easement or servitude with respect to the water or land areas, or the improvement or appurtenance thereto, if the restriction is executed in compliance with the requirements of this article for the execution of deeds or the Estates and Trusts Article for the execution of wills.
- (b) Purposes. -- A restriction as provided in subsection (a) of this section may be for any of the following purposes:
- (1) Construction, placement, preservation, maintenance in a particular condition, alteration, removal, or decoration of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;
- (2) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or other materials;
- (3) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in a manner as to affect the surface or otherwise alter the topography of the area;
- (4) Removal or destruction of trees, shrubs, or other vegetation;
- (5) Surface use except for purposes of preserving the water or land areas, or the improvement or appurtenance thereto;
- (6) Activities affecting drainage, flood control, water conservation, erosion control, soil conservation, or fish or wildlife habitat preservation;
- (7) Preservation of exposure of solar energy devices; or
- (8) Other acts or uses having any relation to the preservation of water or land areas or the improvement or appurtenance thereto.
- (c) Easement in gross. -- If the restriction is not granted for the benefit of any dominant tract of land, it is enforceable with respect to the servient land, both at law and in equity, as an easement in gross, and as such it is inheritable and assignable.
- (d) Extinction and release. -- A restriction provided for by this section may be extinguished or released, in whole or in part, in the same manner as other easements.
- (e) Grant to Maryland Agricultural Land Preservation Foundation, Maryland Historical Trust, or Maryland Environmental Trust. -- If any grant, reservation, dedication, devise, or gift of any nature which clearly indicates the maker's intention to subject any interest or estate in property to public use for the preservation of agricultural, historic, or environmental qualities fails to specify a grantee, donee, legatee, or beneficiary to receive the same or specifies a grantee, donee, legatee, or beneficiary who is not legally capable of taking the interest or estate, it passes to the Maryland Agricultural Land Preservation Foundation, the Maryland Historical Trust, or the Maryland Environmental Trust in any proceedings under §§ 14-301 and 14-302 of the Estates and Trusts Article.
- (f) Separate parcels. --
- (1) This subsection applies only to land that is subject to an agricultural land preservation easement granted to the Maryland Agricultural Land Preservation Foundation on or before December 31, 1999.
- (2) Unless the deed granting the easement expressly provides otherwise, the grant of an agricultural land preservation easement governing two or more separate parcels of land owned by the same grantor under separate deeds or two or more parcels separately identified and described in the same deed does not consolidate the parcels for any other purpose, if the parcels are described separately in the deed granting the easement.
- (3) Notwithstanding any other provision of law, one of the parcels of land described under paragraph (2) of this subsection:
- (i) May be conveyed separately to a child of the original grantor with the approval of the Maryland Agricultural Land Preservation Foundation in accordance with § 2-513.2 of the Agriculture Article and the criteria, eligibility requirements, and procedure for an agricultural subdivision and corrective easement established by regulation by the Maryland Agricultural Land Preservation Foundation; but
- (ii) Shall remain subject to the agricultural land preservation easement in perpetuity.
Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.