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Tag Archives: Easements

EARNEST SAHADY v. MONTGOMERY COUNTY PLANNING BOARD

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.

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Edward J. Levin: Appellate courts deny two claims for easements but establish a third

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 ...

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Opinions – 4/23/12: Maryland Court of Special Appeals

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. ...

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Edward J. Levin: Recent cases provide guidance on prescriptive easements

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 ...

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