Brandywine, MD asked in Real Estate Law for Maryland

Q: When 2 adjoining lots that has rights to a section of common easement to the second lot; does the 1st lot cont to use ?

If an owner of 2 lots with the rights to use a sec of a common easement that leads to the second lot and is a need I necessity easement for lot 2. The owner of lots 1&2 sales lot2; does lot 1 get to continue to use that section of the common easement if there is no longer a need for lot one to use it

Related Topics:
1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: If the easement is written and recorded, yes. A recorded easement can only be extinguished by another recording, or by strict proof of "abandonment" (the reverse of adverse possession or use). Necessity is not a factor.

But, if the easement is one of implication or necessity (each has a different legal definition), it can be extinguished for lack of necessity or implication.

You pose a law school exam question. A precise answer will require a review of the title records and surrounding circumstances.

Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.