Easement in Maryland

State-specific overview · Property & Real Estate

Quick summary

Maryland enforces easements by express grant, necessity, and prescription; prescriptive easements require 20 years of adverse use.

How Maryland treats Easement

Maryland requires prescriptive easements to satisfy a 20-year period of open, notorious, exclusive, and continuous use. Express easements must be in writing and recorded in the land records to bind future owners. Maryland courts recognize easements by necessity for landlocked parcels and permit easements in gross to be assigned if the parties' intent supports transfer.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maryland.