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Creation of EasementsExpress Easements. Express easements are created by a written agreement between landowners granting or reserving an easement.Implied Easements.Prescriptive Easements.
The use must be one capable of existing as an easement (such as a right of way or a right to use pipes, drains etc). The use must have been exercised without force, secrecy and without permission. The use must have been exercised continuously and without any interruption for at least 20 years.
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
Prescriptive Easements in Maryland A prescriptive easement is essentially an easement created by adverse possession minus the exclusive element. An easement is a right to use another's land but not to possess it. An example of an easement is the right to cross a path on your neighbor's land.
A Maryland easement can be created (1) by express grant, (2) by reservation in a conveyance of land, or (3) by implication. A Maryland easement by implication can be created in many different ways, including by necessity. When a Maryland easement is granted by deed it is is an express easement.