The appellate court upholds lower court ruling on an easement dispute between catering company and garage owner.

Tagged with: civil litigation Easements Maryland Court of Special Appeals

Under Truffles’ view, any water that is not contained in a pipe is by necessity outside the scope of the Easement and is therefore actionable. We disagree. Nothing in the concept of an easement generally, or in the language of this specific Easement is so limiting.

Tagged with: baltimore city Easements Friedman Real Estate

Montgomery County property owner argued 1) that Planning Board erred in concluding he had actual and constructive notice of the Forest Conservation Easement and 2) that the Board lacks authority to administratively enforce the FCE through civil penalties and corrective measures.

Tagged with: Easements Kenney Montgomery County Real Estate Sept. Term 2013

In two recent cases, the Maryland appellate courts denied requests to declare that easements exist, but in a third the Court of Special Appeals found an easement by necessity. In Clickner v. Magothy River Association, Inc., 424 Md. 253, 35 ...

Tagged with: Easements edward j. levin Law maryland Maryland Court of Special Appeals real property

Real Property Easements BOTTOM LINE: Defendants were entitled to a declaratory judgment because plaintiff failed to establish a prima facie claim for establishing an ingress/egress easement to his property. CASE: Bacon v. Arey, No. 2339, September Term, 2010 (filed Mar. ...

Tagged with: Easements maryland Maryland Court of Special Appeals opinions real property

The Maryland Court of Special Appeals recently decided two cases about prescriptive easements. In the first, the Court held that the provisions of a written easement agreement could be expanded by prescription. In the second, the Court held that a ...

Tagged with: Easements edward j. levin Maryland Court of Special Appeals

Real Property Condominium Act BOTTOM LINE: Under the Condominium Act, the purchaser of a condominium in a foreclosure sale holds legal title to the property as of the date of the sale, thus rendering her liable for condominium assessments and ...

Tagged with: Easements Maryland Court of Special Appeals opinions real property tax law zoning

COURT OF SPECIAL APPEALS Real Property, Condominium Act: Under the Condominium Act, the purchaser of a condominium in a foreclosure sale holds legal title to the property as of the date of the sale, thus rendering her liable for condominium ...

Tagged with: Easements law digest Maryland Court of Special Appeals real property tax law zoning