An easement is a legal agreement between two parties that gives one person the right to use another person’s property for a specific purpose. For example, if you have an electrical easement, it means that your neighbor has the right to run power lines across your property. In Maryland, there are three different types of easements:
- Express easements: An express easement is created when two parties agree in writing to create an easement on a piece of property. This could be something as simple as a homeowner agreeing to let their neighbor cut through their yard as a shortcut. Once the agreement is in place, it becomes a legally-binding document and can be enforced in court if necessary.
- Implied easements: An implied easement is created when one party uses another party’s land for a period of time without the owner’s permission. This could happen if there is no other access to a piece of land besides going through your property. After a certain amount of time has passed, the law will presume that an easement was created and the user has the legal right to continue using the land.
- Prescriptive easements: A prescriptive easement is created when one party openly and uninterruptedly uses another party’s land for a period of time. This means that the user must have used the land in a way that is obvious to anyone who sees it, like putting up a fence or regularly parking their car on it. Like with implied easements, once the time period has passed, the law will presume that an easement was created, and the user has the legal right to continue using the land.
Pros and Cons of Buying Property With an Easement
The pros of buying a property with an easement in Maryland include the ability to access and use a piece of land for certain purposes. This can be particularly beneficial for landowners who want to use their land in a way that requires regular access, such as for agricultural purposes or construction. Additionally, the existence of an easement may increase the value of a property since it provides additional rights and benefits to the owner.
On the other hand, there are also some potential downsides to buying real estate with an easement in Maryland. Having an easement on your land can sometimes limit your ability to make changes to the property or use it as you see fit. Additionally, if you decide to sell your property at some point in the future, it may be more difficult to find buyers who are willing or able to take over the existing easement.
Overall, whether buying a property with an easement is right for you will depend on your individual circumstances and goals. If you are looking for flexibility and control over how you use your land, then buying a property with an easement may not be the best option for you. However, if you are primarily concerned with accessing and using your land effectively, then purchasing a property with an existing easement may be worth considering.
Ocean City Real Estate Lawyer at Oliveri & Larsen Can Help You Avoid Easement Disputes
If you are a property owner in Maryland, it is important to understand what your rights are when it comes to easements. If you need help protecting those rights, speak with our Ocean City real estate lawyer at Oliveri & Larsen. Call us at 410-295-3000 or contact us online to schedule an initial consultation. Located in Annapolis, Maryland, we proudly serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Hartford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.