Quiet Title Action Maryland For Prescriptive Easement
Description
How to fill out Maryland Complaint For Trespass To Property And To Quiet Title?
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FAQ
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.
The plaintiff must have legal or equitable title to, or interest in the real property which is the subject-matter of the action. He need not be in possession of said property.
Quiet title actions are common following mortgage lender disputes, the death of title owners, cases of adverse possession, and long periods of time where the property is unoccupied.
Since if a person claiming to be the owner thereof is in actual possession of the property, as the defendants are in the instant case, the right to seek reconveyance, which in effect seeks to quiet title to the property, does not prescribe.
In Maryland, the burden of proving title by adverse possession is on the trespasser who's claiming it. That person must walk into court ready to prove all the elements described above: namely, that his or her possession was actual, open, exclusive, hostile, and continuous for a period of 20 years.