Maryland Easements

Property disputes are common in Maryland, and these disputes can lead to property lawsuits. Maryland has long recognized the significance of the various rights that attach to property ownership. Easements, however, are one of the most “complex and archaic” bodies of American property law. (Toward a Modern Law of Servitudes: Reweaving the Ancient Strands).

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. And when a Maryland easement is for the benefit of a neighboring property, such as an easement to provide access to an adjacent property, the neighboring property in Maryland is known as the dominant estate, while the property subject to the easement is known as the servient estate. (Rogers v. P–M Hunter’s Ridge, LLC). In Maryland, the interpretation of plats, deeds, easements and covenants has been held to be a question of law. The Maryland Court of Appeals has also specifically held that the “primary consideration in construing the scope of an express easement is the language of the grant.” (Chevy Chase Land Co. v. United States). Thus, having a Maryland easement attorney to assist in the establishment of an easement on a property, defending against an easement, or interpretation of an easement can be very important.

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. And in Maryland, express easements “may be created only ‘in the mode and manner prescribed by the recording statutes.’” (Kobrine, L.L.C. v. Metzger). Understanding the differences between these types of easements is important and can be assisted by a Maryland easement attorney.

Property lawsuits and legal disputes over property rights, easements, and real estate access are difficult problems that many property owners face in Maryland. Property disputes in Maryland can include easement access, easement creation, property line disputes (such as fence disputes, adverse possession, tree disputes, and tree damage), ownership disputes, and liability disputes (for example, trespass). Generally, Maryland property disputes such as those related to easements are very fact specific, and these real estate disagreements can include various tenants of Maryland law. A Maryland easement attorney can assist clients in resolving a property disputes involving access, easements, or rights.

Adam Van Grack and our firm’s property attorneys regularly handle different types easement issues, easement creation, real property disputes , adverse possession, and tree disputes, in many courts throughout Maryland, including Montgomery County Circuit Court (located in Rockville), Frederick County Circuit Court (located in Frederick), Howard County Circuit Court (located in Ellicott City), and Prince George’s County Circuit Court (located in Upper Marlboro). Property and real estate matters in Maryland are inherently complex and require not only experience with litigation and court rules, but also thorough knowledge of Maryland’s real estate law, such as Maryland easement caselaw. If you would like to discuss an easement problem, easement creation, or other property dispute matter with a property dispute attorney, call Adam Van Grack today at (301) 291-7156 to schedule a consultation in our Bethesda or Rockville, Maryland Offices.