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FAQS about Ocean Pines easements

Friday, October 1, 2021

The following is the latest in a series of FAQ columns planned for the Ocean Pines website and newsletter:

Everything you need to know about life in Ocean Pines, from A to Z

Looking for answers? Submit question ideas to info@oceanpines.org.

Q: What is an easement?

A: An easement gives a person, company or government the right to use all or part of a property for a specific purpose, without granting any ownership rights.

Q: Are there easements on my property?

A: Yes. Easements are the areas on your property 5 feet in width along the side property lines and 10 feet in width along the front and rear property lines. Although this area is owned and maintained by the property owner, they may be used by utility companies, Worcester County, and for drainage flow as needed.

Q: What types of easements are found in Ocean Pines?

A: Drainage easements are for the use and maintenance of drainage. They are 10 feet in width unless otherwise specific and are centered on the existing drainage ditches.

Well easements are for installation and maintenance on well lots and are shown on the property’s recorded plat, or land plot.

Slope easements are for maintenance and permanent stabilization control of slopes. Slope control areas will be noted on the property’s recorded plat.

Utility easements are for construction, operation and maintenance of electrical, telephone, cable and other utilities. These easements will be granted upon request of the applicable utility. They are 5 feet in width along side property lines and 10 feet in width along the front and rear property lines. Although not shown on the plats, these easements have been dedicated to the utility companies.

Waterway easements are for drainage, maintenance, dredging and preservation of navigation and recreational use of waterways.

Bulkhead easements are for the maintenance and preservation of bulkheads and similar waterfront improvements. Owners of lots contiguous to a waterway may not fill beyond the bulkhead or high-water lines and must have approval from the Architectural Review Committee to build a structure that is on or extends into any waterway.

Q: Am I required to take care of my property that’s part of an easement?

A: Yes. Lot owners should continuously maintain easements.

Q: Is there anything I’m not allowed to do on an easement?

A: Yes. Lot owners need to make sure that no structures, plantings or other material are placed in a way that would interfere with the installation or maintenance of utilities, change the direction of flow or the speed of drainage, or damage or interfere with slope or create erosion or sliding problems.

Also, lot owners are prohibited from placing or erecting structures, light-reflecting devices, signs or other obstacles higher than 10 inches in an Ocean Pines drainage easement area, which is generally the area that extends from the residence side of a front drainage ditch to the edge of the road.

Q: Do I need approval if I’ll be doing construction within an easement?

A: Yes. Approval by the Architectural Review Committee is required for any construction project within an easement.

Q: Do I need approval for landscaping within an easement?

A: No. Plantings and landscaping do not require approval. However, they may not be placed in a way that would interfere with the installation or maintenance of utilities, change the direction of flow or the speed of drainage, or damage or interfere with slope or create erosion or sliding problems.

Keep in mind that landscaping or structures located within an easement may be subject to damage during the installation of utilities. Any cost of replacement or repair to such landscaping or structures from utility work is the responsibility of the property owner.

Q: Where can I learn more about easements in Ocean Pines?

A: Information about easements can be found in Section 10 of the Declaration of Restrictions, and Sections 500.4 and 1100.2 of the Architectural Review Committee Guidelines. These documents can be found online at www.oceanpines.org.

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FAQS about Ocean Pines easements

Everything you need to know about life in Ocean Pines, from A to Z

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