Maryland Easement Deed

An easement is the right of a person to use the real property of another person for a specific purpose. Easements are non-possessory and non-ownership interests in real property. The instrument that creates this right is the easement deed. Easements are generally categorized as being affirmative or negative, and can also be appurtenant or in gross. An appurtenant easement benefits the dominant estate and runs with the land; whereas an easement in gross benefits an individual or legal entity, rather than a dominant estate. Easements in Maryland can be created by deed, will, or contract; by prescription; or by implication.

A solar easement is an interest in land that is conveyed or assigned in perpetuity and limits the use of the land to preserve the receipt of sunlight across the land for use of a property owner's solar collection system ( 2-119). A solar easement can be created by written instrument.
Every deed in Maryland granting a right-of-way or other easement to a public utility, public agency, or a department or agency of the State should contain an accurate and definite description as well as a reference to the liber and folio where the servient land was granted and a recitation of the grantors, grantees, and the date of the reference deed ( 3-104).

As an interest in real property, an easement deed should be signed and acknowledged by the grantor. Witnesses are not required for easement deeds in Maryland. If executed and acknowledged in another state, an easement deed will be accepted for recordation if the acknowledgment complies with Maryland law.

Any instrument affecting property in Maryland, including easement deeds, can be recorded. The recording of an instrument affecting property constitutes constructive notice from the date of recording ( 3-102). An easement deed should be recorded at the circuit court in the county where the property is located. If the property is located in more than one county, the easement deed should be recorded in all such counties ( 3-103).

(Maryland ED Package includes form, guidelines, and completed example)