Last updated: April 2026. Navigating the complexities of property rights is a fundamental requirement for any aspiring real estate professional in the Free State. For candidates preparing for their licensing test, understanding how third-party claims affect property ownership is not just a theoretical exercise—it is essential for protecting future clients. This mini-article breaks down the critical concepts of easements and encumbrances under Maryland law. For a broader overview of all test topics, be sure to bookmark our Complete Maryland Exam Guide.

Understanding Encumbrances in Maryland

In real estate, an encumbrance is broadly defined as any claim, lien, charge, or liability attached to and binding real property. An encumbrance may lessen the value of the property or obstruct the use of it, but it does not necessarily prevent the transfer of title. When conducting a title search in Maryland, title companies look for encumbrances to ensure the buyer receives a clear and marketable title.

Encumbrances generally fall into two main categories:

  • Financial Encumbrances (Liens): These affect the title financially. Examples include mortgage liens, mechanic’s liens, and property tax liens. If a property in Baltimore County is subject to unpaid municipal charges, for instance, a tax lien will encumber the property. You can learn more about how municipal charges affect property in our guide on Maryland special assessments.
  • Non-Financial Encumbrances: These affect the physical use or condition of the property. Examples include deed restrictions, encroachments, and easements.

Deep Dive: Easements in Maryland Real Estate

An easement is a specific type of non-financial encumbrance. It grants a non-owner the legal right to use another person's land for a specific purpose. Under the Maryland Real Property Article, easements must generally be in writing and recorded in the county land records (MDLANDREC) to be enforceable against third parties.

Easement Appurtenant vs. Easement in Gross

The Maryland real estate exam frequently tests candidates on the distinction between these two primary types of easements:

  • Easement Appurtenant: This easement involves two adjacent parcels of land owned by different parties. The parcel that benefits from the easement is the dominant tenement, while the parcel burdened by it is the servient tenement.

    Example: Parcel A (dominant) is landlocked and holds a recorded right-of-way over Parcel B (servient) to reach the main highway in Annapolis. This easement "runs with the land," meaning if Parcel A is sold, the new owner automatically inherits the right-of-way.
  • Easement in Gross: This easement benefits a specific individual or legal entity, rather than a piece of land. There is a servient tenement, but no dominant tenement.

    Example: BGE (Baltimore Gas and Electric) holds an easement in gross to run power lines across a homeowner's backyard in Howard County. Commercial easements in gross are generally assignable, whereas personal easements in gross typically terminate upon the death of the easement holder.

Creating Easements by Prescription in Maryland

One of the most highly tested state-specific concepts is the prescriptive easement. Similar to adverse possession, an easement by prescription is created when someone uses another's land without permission for a statutorily defined period.

Maryland Rule: In Maryland, the statutory period required to establish an easement by prescription is 20 years. The use must be:

  • Continuous: Uninterrupted for the full 20 years.
  • Open and Notorious: Obvious enough that the true owner should be aware of it.
  • Hostile: Without the owner's permission.
  • Exclusive: Generally utilized by the claimant (though Maryland courts interpret this slightly differently depending on the specific use).

Easement by Necessity

An easement by necessity arises by operation of law when a property is entirely landlocked and has no legally documented access to a public road. Maryland courts will imply an easement over the seller's remaining land to ensure the buyer can access their newly purchased parcel, as public policy dictates that land should not be rendered unusable.

Maryland-Specific Conservation Easements

Maryland is famous for its environmental conservation efforts, particularly concerning the Chesapeake Bay and agricultural lands. Real estate agents frequently encounter specialized conservation easements.

Programs like the Maryland Agricultural Land Preservation Foundation (MALPF) and the Maryland Environmental Trust (MET) purchase or accept donated easements from landowners. These easements permanently restrict commercial, industrial, or residential development on the land to preserve its agricultural or natural state. When a property subject to a MALPF easement is sold, the restrictions run with the land and bind all future owners.

Visualizing Title Encumbrances

To understand the frequency of various encumbrances discovered during routine title searches in Maryland, consider the following data breakdown:

Common Encumbrances Found in MD Title Searches (%)

Agent Duties and Disclosures

As a Maryland real estate licensee, you have a strict fiduciary duty to disclose known material facts about a property, which includes known encumbrances. Failing to disclose an easement that prevents a buyer from building a pool or a fence is a violation of the Maryland Real Estate Commission's Code of Ethics.

Always advise your clients to review their title commitment carefully. Furthermore, when marketing a property with significant easements (such as a shared driveway or a conservation restriction), ensure your listing descriptions are accurate and compliant. Review our guide on Maryland advertising regulations and brush up on your fiduciary duties in our Maryland real estate ethics article to ensure full compliance.

Frequently Asked Questions

What is the statutory period for a prescriptive easement in Maryland?

In Maryland, a claimant must demonstrate continuous, open, notorious, and hostile use of another's property for a period of 20 years to establish an easement by prescription.

How do I find out if a Maryland property has an easement?

Most permanent easements are recorded in the county land records. Real estate professionals and the public can search the Maryland Land Records database (MDLANDREC) online. However, unrecorded easements, such as an unlitigated prescriptive easement, may only be discovered through a physical property survey or inspection.

Does an easement in gross transfer to the new owner when the property is sold?

It depends on the type. A commercial easement in gross (like a utility easement for BGE or Pepco) remains attached to the property and transfers to the new owner. A personal easement in gross (e.g., granting a specific neighbor the right to fish in your pond) typically does not transfer and terminates when the property is sold or the individual dies.

What is the difference between an easement and an encroachment?

An easement is a legal right to use another's property. An encroachment is an unauthorized, physical intrusion of an object onto another person's property (e.g., a fence built two feet over the property line). If an encroachment is left unchallenged for 20 years in Maryland, it could legally evolve into an easement by prescription or a claim of adverse possession.

Can an easement be terminated in Maryland?

Yes. Easements can be terminated through several methods, including mutual agreement (a quitclaim deed from the dominant tenement), abandonment (which requires intent to abandon, not just non-use), merger (if one person buys both the dominant and servient tenements), or the expiration of a specific time period if the easement was granted for a limited term.