Tag Archive for: Local Real Estate Attorney – Southern Maryland

What is an Easement?

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What is an Easement?

An easement is any nonpossessory interest in the real property of another person. Easements typically run with the land and are not personal to an individual.

Example:

If Parcel A has an easement over Parcel B for ingress and egress to a public road, that easement would run with both Parcel A and Parcel B. Parcel A which is benefited is the Dominant Tenement. Parcel B which is the burdened parcel is called the Servient Tenement.

How is an Easement created?

An easement can be created in three ways. The first is an Express Easement that is created by written agreement. Next is by prescription, which is created when there has been exclusive use fo the property for at least 20 years. The final type is created by necessity, the owner of the Dominant Tenement has to have the easement to have access to their property.

What are Typical Easement Disputes?

The typical disputes over easements occur when there is disagreement over the existence of an easement in a prescription or necessity case. Also, there can be disputes over the extent of the easement, that is the use and amount of use the easement can be put to by the Dominant Tenement.

At Davis, Upton & Palumbo LLC, our attorney’s are experienced in representing property owners when real estate issues arise. If you want to learn more about our Real Estate practice click here or contact us today.

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What is Discovery?

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This week, David C. Weigel explains Discovery. Discovery is the stage of the litigation process where each side has the opportunity to see what evidence the Opposing Party has and can present at trial.

He explains that there are many different discovery devices that a party can use during this stage of the process. These devices can include serving written interrogatories, requesting the production of documents, depositions, and more.

Knowing the stages of the litigation process is crucial to any legal matter. With many years of experience, we have a thriving litigation practice in which we help resolve on a wide variety of disputes. You can find out more about our services by clicking here or by contacting us today!

 
 
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Peace Order or Protective Order?

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This week, Stephanie B. Noronha Stephanie B. Noronha explains both Protective Orders and Peace Orders. She details the requirements needed to be eligible to either file for a Protective Order or a Peace Order.

We are experienced in the legal process surrounding all of these matters. Whether your situation will benefit more from mediation or litigation, we are prepared to act on your behalf throughout the process. click here or contact us today. Read more

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