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CSA plugs Belvedere leak case
The appellate court upholds lower court ruling on an easement dispute between catering company and garage owner.
TRUFFLES AT THE BELVEDERE, LLC v. G & J CHASE, LLC, ET AL.
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.
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.
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 […]
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: […]
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 […]
Opinions – 12/19/11: 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 […]
Law digest: 12/19/11
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 […]
