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Right of Way

Glossary/Related Links

Deed

A written instrument, usually under the seal by which the ownership of interests in land is transferred from one person to another.

Eminent Domain

The right or power of public and semi public agencies to take private property for public purposes without the owner’s consent on payment of just compensation.

Executive Order

A legal document accepting and authorizing payment of the option contract.

Freehold

An estate of inheritance, an estate for life, or an estate during the life of a third person; also, in appraising, the unencumbered property, that is, free of mortgage.

Grantee

One to whom some valuable interest or gift of land is conveyed.

Grantor

The party who conveys any trust, property or interest in land to a Grantee by deed.

Just Compensation

That payment required by law for the loss sustained by the property owner as a result of the taking or damaging of private property for public purposes.

Land Records

Usually a court house, a government location filing recorded documents.

Liber/Folio

The book and page number of the recorded document, filed in the Land Records.

Option Contract

A legal and binding agreement giving Grantee the option of accepting the terms and conditions under which the real property will be transferred to Grantee.

Personal Property

Everything that is subject of ownership that does not fall under the denomination of real estate; a right or interest in things personal, or right or interest less than a free hold in realty, or any right or interest that one has in things moveable.

Perpetual Easement

A right to use of property of another forever or until legally amended.

Prescriptive Easement

The right to use another's land, which is established by exercising this right over a period of time.

Property Identification Number or Account No.

The specific and sole number assigned to the property by the Maryland Department of Assessment & Taxation.

Quick Take (also referred to as Advance Take)

A process of condemnation/eminent domain to gain access to property for construction of a public project and providing just compensation to the property owner.

Real Property

The bundle of rights that arise by reason of the ownership of physical real estate; the rights and interest possessed in Land and those things affixed to the land; also, land, and generally whatever is erected or growing upon or affixed to land.

Revertible Easement

A right to use another's real property for a specified period of time.

Temporary Construction Easement

A right of entry onto and use of real property for a specified period of time.

Right of Way

The right to pass across lands of another; usually a strip or linear path acquired for, or devoted to transportation and public utility purposes.

Right of Way Plat

A legal depiction of real property.

Subdivision Plat

A certified drawing of property that has been divided into blocks or plots with streets, roadways,and other facilities appropriate to development of the tract of land.

 
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Transportation Engineering · Montgomery County Department of Transportation
100 Edison Park Drive · Gaithersburg, MD 20878 · mcdot.dte.planning@montgomerycountymd.gov
· telephone: 240-777-7220· fax: 240-777-7277 ·