Maryland Easement or Right of Way for Access to Property is a legal concept that grants someone the right to use a portion of land owned by another party for specific purposes. This type of easement is typically established to provide access to a specific property, allowing the owner to reach their land either by foot or by vehicle. In Maryland, there are several types of easements or rights of way that may apply to property access: 1. Affirmative Easement: An affirmative easement grants someone the right to use another person's property for a specific purpose. For example, a landlocked property may be granted an easement to cross a neighboring property to access a public road. 2. Negative Easement: A negative easement restricts the use of a property in order to protect a particular aspect of the landowner's property. For instance, an easement may prohibit the construction of any structures or buildings that obstruct the view from a neighboring property. 3. Express Easement: An express easement is created through a written agreement between the parties involved. This type of easement must be in writing, signed, and recorded in the land records of the appropriate Maryland county. 4. Implied Easement: An implied easement arises when it is reasonably necessary for the use of a property and is therefore presumed to exist, even though it was not explicitly granted in writing. This type of easement can be created by the actions of the parties involved or can be the result of an oral agreement. 5. Prescriptive Easement: A prescriptive easement is similar to adverse possession, where someone gains rights to another's property through continuous, open, and hostile use for a specified period of time. In Maryland, the period required for acquiring a prescriptive easement is generally 20 years. It is important to note that Maryland easements or rights of way for access to property are subject to specific legal requirements and restrictions. Property owners and potential beneficiaries should consult with an experienced real estate attorney to understand the intricacies of easements and ensure compliance with relevant laws and regulations.
Maryland Easement or Right of Way for Access to Property
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FAQ
An easement gives the dominant owner the right or rights to cross or otherwise use someone else's land. Two of the most common easement rights are a right to light and a right of way.
UTILITY EASEMENT The current requirement for 10?foot?wide public utility easements (PUE) on both sides of all streets has been reduced to a single PUE for all roads (public or private).
Due to the easement, the property owner may not be responsible for accidents on the land involved in the easement. Because a party other than the owner has the legal right to use the relevant land, that party can take legal responsibility for the safety, care, and maintenance of the land and accidents.
A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
In Maryland, an easement is a non-possessory interest in the real property of another that can arise either by express grant or implication. (Clickner v. Magothy River Ass'n). Maryland easements are a species of servitude.
These easements are maintained by the County. Easements in a residential subdivision draining to a County right-of-way not conveying "public" water shall be specified as a "Private Drainage Easement" unless otherwise specified by the County.
Easements are contractual agreements between a property owner and a holding organization. Generally, the owners of the easement property agree to relinquish partial development rights, to maintain the property, to provide limited public access, and to obtain prior approval for any changes or alterations.