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

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
  • 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!

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