Maryland Judgment of Prescriptive Easement Dimensions and Injunctive Relief
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FAQ
There is no requirement for register entries to be made in respect of prescriptive easements.Easements arising by common law prescription or the doctrine of lost modern grant will be legal interests. The purchaser of unregistered burdened land is bound by legal interests.
A prescriptive easement allows someone other than the original property owner to gain the rights to use a property.This should have given the owner notice that their land is being used. Actual: The person must be physically treating the land as though they own it. Hostile: This doesn't mean adversarial.
Adverse possession and prescriptive easements are both legal doctrines that allow a person to obtain a right to someone else's property by open and notorious use.Adverse possession grants outright ownership of real property while a prescriptive easement grants use for a limited purpose.
In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.
In order to acquire a prescriptive easement over another's property, the following elements must be met: (1) actual use of the property; (2) open and notorious use of the property; (3) use that is hostile and adverse to the original owner; (4) continuous and uninterrupted use of the property; (5) use of the property
Prescription. Just as an easement can be created by prescription (adverse possession), an easement can also be terminated by prescription if the owner of the servient tenement excludes the easement holder from the usage of the easement for the prescribed statutory period of time.
Rule 250(1) allows for easements to arise in equity through prescription where the title is registered, but a right arising through prescription would be created as a legal easement and there seems to be no part of this process where the owner of the dominant tenement has a right in equity only.
However, given that a prescriptive easement is created when the requisite elements are met, and not when a court is asked to enforce the easement by legal action, the ability for a prescriptive easement to exist without being of-record actually promotes uncertainty.
