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When does an easement affect property use?

On Behalf of | Mar 16, 2021 | Estate Planning

When Maryland property is purchased for a home, the purchaser likely has plans for how it will be used. There are certain factors, however, that could affect the intended use of a specific piece of property, such as an easement. An easement is an interest in a property that allows someone who does not own the property to use it in a specific way for a specific purpose.

Easement basics

Easements are often created in a deed or trust attached to the property. For example, the deed to a tract of land may allow the neighboring property owner to access his or her land by driving through a certain part of the adjoining land. There are also utility easements that allow certain groups to travel across private land to access utility lines, sewer lines, cell towers and more.

There are times when a Maryland property owner may be able to terminate an easement associated with his or her land. The property owner has certain rights, including the right to seek legal remedies if there is a dispute or issue with the easement that affects his or her use of the property.

Protecting rights

A property owner with an easement affecting how he or she uses what is rightfully owned may benefit from the guidance of an experienced real estate attorney. It is possible legal action may be necessary to reach a beneficial conclusion. Owners have the right to fight for their property rights in cases where an easement could be unnecessary or unfair.