Understanding Easements and Rights of Way in Maryland Real Estate
- April 29, 2025
- Real Estate
Unless you’re a real estate professional, you might have only a passing familiarity with the terms “easement” and “right of way.” However, if you own real estate, you may one day find yourself embroiled in a dispute involving one (or both) of these key concepts. So what does easement mean in Maryland real estate? And what does right of way mean? Here’s a closer look.
In Maryland real estate, an easement is the right to use another person’s property for a specific purpose. A right of way is a specific easement allowing one person to travel over another’s property.
What Does Easement Mean in Maryland Real Estate?
Understanding One of Real Estate’s Oldest Concepts
In real estate, an easement is an agreement where someone who doesn’t own a property is given permission to use the land, generally for a specific purpose. The easement may be granted to the government or to an ordinary citizen. These are some examples of common easement types, both in Maryland and elsewhere:
Utility Easements
Generally, utility providers do their best to minimize their impact on private land. However, if a utility company needs to install or bury power lines on your property, it may need an easement.
What happens if you don’t agree? If the company in question is a public utility, it may be able to get an easement anyway through eminent domain. This principle allows the government to seize property (or in this case, obtain an easement on a property) if it serves the public good.
However, the laws around utility easements can be complex. If a utility company is trying to get an easement that would significantly disrupt or damage your property, it’s a good idea to consult a real estate lawyer for advice.
Private Easements
Utility easements usually involve a government utility and a private property owner. However, private easements involve two private property owners. For instance, imagine that your neighbor builds a fence that extends into your yard. Rather than file a lawsuit to remove the fence, you decide to grant an easement. This private easement makes it so the fence is no longer an illegal encroachment on your lawn.
Another common example is that of a well. If you have a well on your property, you could grant neighbors an easement (or even sell them an easement) allowing them to come onto your property and take water from the well.
Even if you don’t intend to grant a private easement anytime soon, this is still an important concept to understand. Why? If you purchase a home and there is a private easement in place from the previous owner, you may not be able to cancel it. During the sale process, the owner should disclose all existing easements to you. Your lawyer can tell you whether those easements must be honored.
Conservation Easements
Like utility easements, conservation easements involve an agreement between a private property owner and a government entity. These easements usually involve preserving natural habitats for wildlife — and even providing scenic views to the public. In some cases, landowners may agree to allow public access to the preserved land.
Unlike with utility easements, the government usually doesn’t seek out specific pieces of land for conservation easements. It generally invites landowners to reach out. While this kind of agreement means that landowners can’t develop the easement, it often comes with generous tax advantages.
Are you having problems with an easement? Do you just have questions? Call us at (443) 535-9715 to book your consultation.
Prescriptive Easements
Nearly every locale has an unofficial path or shortcut that residents have used for years. But what happens when the landowner has had enough and finally puts up a fence? Depending on the circumstances, the path might qualify for a prescriptive easement. A prescriptive easement happens when someone’s (or a group of people’s) sustained use of another’s land means they have the right to continue using it.
For a prescriptive easement to happen, the following must generally be true:
- The land has been used the same way for at least 20 years.
- The use was consistent.
- The use was out in the open and not hidden.
- The use happened without the owner’s permission.
The concept of the prescriptive easement came about to protect long-standing travel routes and walking paths. Without this concept, someone could easily purchase a parcel of land, set up a fence, and suddenly take away something a town has enjoyed for generations.
If you are fighting for a prescriptive easement or fighting against one, having a real estate lawyer on your side can increase your chances of success.
What Are “Rights of Way” in Maryland Real Estate?
In Maryland, a right of way is a special type of easement. It involves allowing someone to use another’s property for the specific purpose of traveling over it. For example, imagine that someone near you divides and sells their parcel of land. You purchase one of the divided pieces, but you now have no access to the road.
In this case, you may be able to get an easement to use your neighbor’s driveway or private road to get to the main road. This is known as an “easement by necessity” because you need an easement to get to and from your property. You could likely start by asking your neighbor. However, if your neighbor refuses to allow you any sort of access, you may need the help of a lawyer to petition the court for a right-of-way easement.
Need Help With an Easement or Right of Way?
Advocates For Life’s Obstacles and Opportunities
Disputes over easements and rights of way can sometimes become heated. Unless you have significant experience in the world of real estate, they can be all but impossible to navigate on your own. At Lusk Law, LLC, we’ve proudly represented property owners in Frederick and surrounding areas for many years. We understand how overwhelming easement issues can be, and we’re prepared to create a custom case plan to maximize your chances of a successful outcome.
If you are having trouble with an easement or think you might in the near future, call us at (443) 535-9715 to set up your initial consultation.