An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Maryland Easement for Driveway: Understanding the Various Types In Maryland, an easement for a driveway grants a property owner the legal right to use a designated area for driveway purposes. This allows individuals to access their property by crossing or passing through another person's land or property. To fully comprehend the various types of Maryland easements for driveways, let's explore the key concepts and types associated with this legal arrangement. 1. Definition of Easement for Driveway: An easement for a driveway is a legal right to access one's property by passing through another property or land. It establishes a mutually agreed-upon consent between the parties involved and ensures a smooth and unhindered passage to the intended property. 2. Types of Maryland Easement for Driveway: a. Appurtenant Easements: Appurtenant easements are the most common type in Maryland. They are typically attached to a specific property and benefit the property owner, known as the dominant estate. These easements run with the land, meaning they remain intact even if the property changes ownership. The property that grants access is referred to as the serving estate. b. Easement in Gross: An easement in gross is a type of easement that benefits an individual or entity, rather than a specific property. This means that the easement holder, known as the dominant party, has the right to use the driveway, but the easement is not tied to any specific property. Although an easement in gross cannot be transferred or sold, it can be transferred to another individual or entity. 3. Creation of Easement for Driveway: a. Express Easements: Express easements are created when the parties involved draft a documented agreement that outlines the terms and conditions of the easement. This agreement is typically recorded with the county or local land records to provide legal validity and notice to future property owners. b. Implied Easements: Implied easements are created when there is an implied or presumed intent for an easement to exist based on the circumstances. For example, if a property owner sells a portion of their land, and the only access to the land being sold is through the remaining portion of the property, an implied easement for driveway purposes may be recognized. c. Easements by Necessity: Easements by necessity are granted when a property owner has no alternate means of accessing their property without crossing another person's land. This type of easement is often awarded in situations where the property would effectively be landlocked without it. 4. Termination of Easement for Driveway: Easements for driveways can be terminated under various circumstances, including: — Mutual agreement between the parties involved. — Abandonment, meaning the dominant estate no longer uses the easement for an extended period. — Estoppel, which occurs when thservingnt estate owner makes substantial changes in reliance on the easement holder's representations that they will no longer use the driveway. Understanding the different types of Maryland easements for driveways is crucial when navigating property rights and legal matters. Whether it's an appurtenant easement tied to a specific property or an easement in gross benefiting an individual, these agreements play a vital role in ensuring seamless access to private properties while respecting landowners' rights.
