How does an easement work?
An easement is a legal contract that restricts the use of privately-owned property. The easement is recorded with the deed and is filed with the Prince George’s County Land Records, and thereafter runs with the land and affects each succeeding owner. The recordation of the easement allows all future owners and lenders to see the documentation in a title report. This agreement between the property owner and M-NCPPC, into which the parties enter for the mutual benefits of property protection continues private ownership and potentially provides financial advantages or other compensation for the owner.

M-NCPPC has the legal authority and is required to enforce the easement. If a future owner violates the easement (for example, by erecting a building that the easement does not allow), M-NCPPC is given the authority under the easement to require that the violation be corrected and may seek legal remedies to ensure compliance with the easement. By specific provisions set out in the easement:
1. The owner promises to protect the significant historic integrity of the property;
2.M-NCPPC is granted the right to enforce the covenants of the easement and to monitor the property;
3. The owner retains the right and duty to manage and care for the property, pay taxes on it, and live in and use the structures and may sell or lease it or pass it on to heirs.

Easements are flexible tools. They can be designed to protect the historic and environmental features of the property, and can be tailored to meet the personal and financial needs of the owner.

For more information, please call Historic Preservation at 301-952-3520.

Show All Answers

1. What is a preservation easement?
2. Who is required to grant an easement to the M-NCPPC?
3. What are M-NCPPC’s responsibilities?
4. How long does an easement last?
5. Why grant a preservation easement ?
6. What are the benefits to the general public in the award of historic property grants to individual owners?
7. How does an easement work?
8. What changes are allowed to my historic property?
9. Does the preservation easement take precedence over the county preservation ordinance?
10. Are we talking about the entire house and property?
11. Will the easement cover interior features as well as the exterior of the property?
12. How is the easement applicable if I use the grant award to purchase a historic property?
13. What is the financial value of the easement and how is it determined?
14. What document does a pro perty owner file to obtain the federal tax benefit?
15. What are my out-of-pocket costs in donating an easement?
16. What are the legal and real estate implications?
17. Are easements a well-proven idea?
18. What are the benefits of granting an easement?
19. Do typical non-cash charitable contributions rules apply to the donation of a preservation easement?
20. Must an easement require some type of public access?
21. What are the basic tax code requirements for an easement?