Key Takeaways

  • Maryland recognizes tenancy in common, joint tenancy, and tenancy by the entirety
  • Tenancy by the entirety is available only to married couples and provides creditor protection
  • Maryland is an equitable distribution state for divorce, not community property
  • Homestead tax credit provides property tax relief for owner-occupied homes
  • Maryland recognizes easements, restrictive covenants, and other property interests
Last updated: January 2026

Maryland Property Rights and Ownership

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Maryland follows common law principles for property ownership with some state-specific provisions.

Types of Property Ownership

Individual Ownership (Tenancy in Severalty)

One person holds title:

  • Full control over property
  • No survivorship rights (passes through estate)
  • Most common for single individuals

Co-Ownership Types

TypeKey Features
Tenancy in CommonDefault, unequal shares allowed, no survivorship
Joint TenancyEqual shares, right of survivorship
Tenancy by the EntiretyMarried couples only, creditor protection

Joint Tenancy in Maryland

Maryland recognizes joint tenancy with these requirements:

  • Must expressly state "joint tenants" or include survivorship language
  • The "four unities" (time, title, interest, possession) required
  • If one joint tenant sells, joint tenancy is severed

Default Rule: Without specific survivorship language, co-ownership is presumed to be tenancy in common.

Tenancy by the Entirety

Available only to married couples:

  • Both spouses must join in conveyance
  • Creditor protection from individual debts
  • Automatic right of survivorship
  • Requires divorce or death to sever
  • Cannot be severed by one spouse acting alone

Marital Property Rights

Equitable Distribution State

Maryland is an equitable distribution state (not community property):

FeatureMaryland Rule
Division methodEquitable (fair, not necessarily equal)
Court discretionYes, based on factors
Separate propertyGenerally remains separate
Marital propertySubject to division

Homestead Tax Credit

Maryland offers a Homestead Tax Credit that limits property tax increases:

How It Works

FeatureDetail
EligibilityOwner-occupied primary residence
CapLimits assessment increases to 10% per year
ApplicationMust apply once (not annual)
PurposeProtection from rapid tax increases

Note: This is a tax credit limiting assessment growth, not an exemption from property taxes.

Easements and Encumbrances

Easements in Maryland

TypeDescription
AppurtenantBenefits adjoining land, runs with land
In GrossBenefits person or entity, may not transfer
PrescriptiveCreated by adverse use (20 years in Maryland)
By NecessityFor landlocked parcels

Prescriptive Easement Requirements

To establish a prescriptive easement in Maryland:

  • 20 years of continuous use
  • Use must be open and notorious
  • Use must be adverse (without permission)
  • Use must be continuous

Restrictive Covenants

Maryland enforces restrictive covenants that:

  • Run with the land
  • Are recorded in property records
  • Do not violate fair housing laws
  • Have a reasonable purpose

Adverse Possession

Maryland allows adverse possession after 20 years of:

RequirementDescription
ActualPhysical possession and use
OpenVisible to the owner
NotoriousKnown to others
ExclusiveClaimant has exclusive control
HostileWithout owner's permission
ContinuousUninterrupted for 20 years
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Maryland Property Ownership Types
Test Your Knowledge

How long must continuous adverse use occur to establish a prescriptive easement in Maryland?

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Test Your Knowledge

What does the Maryland Homestead Tax Credit do?

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