Maryland Easement Law

An easement gives its holder a right of use over the land of another and arises by express grant or implication. Easements may be appurtenant or in gross.

• An easement appurtenant benefits adjoining land regardless of ownership. An easement appurtenant runs with the land, meaning that it continues to exist even after the land is conveyed. Easements appurtenant are characterized by the existence of a dominant estate and a servient estate. The dominant estate is the land that benefits from the easement; the servient estate is the land that is burdened by the easement.
• Easements in gross are conveyed for the benefit of a specific person or business entity. Easements in gross cannot be sold, assigned, or inherited, unless such an intent is specifically expressed by the parties.

Easements in Maryland

Easements are granted for a variety of reasons. Examples of common types of easements include:

• Right-of-way Easements;
• Utility Easements;
• Drainage Easements;
• Conservation Easements;
• Solar Easements;
• Sewer Easements; and
• Driveway Easements.

Most easements are affirmative. Affirmative easements allow the easement holder to use the property of another for a specific purpose. Some easements are negative; a negative easement prohibits a landowner from using his property for certain purposes or in certain ways. Conservation easements are generally negative easements.

Creating Easements

The law favors express easements. An express easement is one created by the execution of a deed or contract which sets forth the location, dimensions, and scope of the easement.

Other methods of establishing easements are:

• By Necessity;
• By Prescription; and
• By Implication

Easements By Necessity – Easements by necessity arise from the presumption that the party seeking the easement should have a means of ingress to and egress from the granted or retained property, as the case may be. Under Maryland law, an easement by necessity will be found if it is reasonably necessary to the fair enjoyment of the property.
Easements By Prescription – Under Maryland law, a claimant may prove an easement by prescription by demonstrating that he has used the land in question continuously and uninterruptedly for a period of twenty years or more under claim of right without permission or under color of title.
Easements By Implication – An easement by implication typically involves the conveyance of a landlocked parcel of land. However, it may also involve a conveyance by a grantor which leaves the land he retains landlocked. In instances involving an implied grant of an easement, the claimant must prove that the easement is reasonably necessary to his use and enjoyment of the property. In cases involving an implied reservation of an easement, the claimant must show that the easement is a strict necessity for his use and enjoyment of the property.

Easement and Boundary Disputes

Easement issues frequently involve encroaching improvements. If a landowner erects improvements that encroach on the adjoining property, a court may order the removal of the improvements or may order that he pay the adjoining landowner for an easement.

Easement disputes also arise if the easement holder uses the easement for unauthorized purposes or if the landowner interferes with the easement holder's use of the easement. To avoid allegations of misuse and interference, it's imperative that the parties understand the terms of the agreement which created the easement.

Help from a Real Estate Attorney in MD

An experienced real estate attorney counsels clients on their rights and obligations arising from both express and implied easements. Additionally, a real estate attorney can assist in the review of surveys, title searches, and other relevant documents when easement disputes arise and will represent clients in all phases of easement litigation.