How do I resolve an easement or boundary dispute in Maryland?

1. Easement Types

Maryland recognizes express easements (written, recorded under Md. Code Real Prop. § 3-101), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

Md. Code Cts. & Jud. Proc. § 5-103: 20-year period. Elements: actual, open, notorious, exclusive, hostile, continuous possession under claim of right for 20 years (Hungerford v. Hungerford, 195 A. 580). Clear and convincing evidence.

3. Prescriptive Easement

20-year continuous, open, notorious, adverse use under claim of right (Banks v. Pusey, 869 A.2d 800). No tax payment required.

4. Quiet Title Action

Md. Code Real Prop. § 14-108 authorizes quiet title actions. Filed in circuit court of county where land located.

5. Boundary Disputes

Maryland recognizes boundary by acquiescence (long recognition of line) and boundary by agreement. Maryland uses a system of original surveys with patents; licensed PLS critical.

6. Encroachment Remedies

Maryland courts apply relative hardship balancing for innocent encroachments (Goldman v. Beach, 92 A.2d 763). Willful encroachments typically face mandatory removal.

7. Express Easement Termination

Release, merger, abandonment (nonuse plus clear intent — Maryland requires strong evidence), expiration, end of necessity.

8. Marketable Title

Maryland has no comprehensive Marketable Title Act. Recording statutes (Md. Code Real Prop. § 3-101 et seq.) and title insurance are primary protections.

9. Litigation / Mediation

Circuit court for quiet title. District court for boundary disputes under $30,000 (limited jurisdiction for ejectment/possession). Court-annexed mediation widely available under Md. Rule 17.

This is legal information, not legal advice.