Emerald Hills Homeowners' Ass'n v. Peters
130 A.3d 469
Md.2016Background
- In 1969, Sheppards conveyed Parcel 765 and reserved a 50x100 ft Right of Way Parcel with access to Southview Road.
- Posner developed Emerald Hills around Greenridge, recording subdivision plats including a Triangular Parcel between parcels and Streamview Court.
- Plat markings show grey shading for Passive Open Space; Triangular Parcel has ingress/egress slash marks; Right of Way Parcel has different slash markings and notes these denote easements.
- In 2001, Posner executed a Cross Easement Agreement granting reciprocal access to open space areas between Emerald Hills and Greenridge; in 2006, title to passive open spaces was conveyed to the Association.
- In 2009, Peters bought Parcel 765 with rights claimed thereto and sought a paved driveway across the Triangular Parcel; the Association sued for declaratory relief and the circuit court granted summary judgment in its favor.
- Court of Special Appeals reversed; this Court held the Emerald Hills Plat created an express easement for Parcel 765, and the Cross Easement Agreement did not extinguish it; the Association took title with constructive knowledge of the easement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Emerald Hills plat create an express easement? | Peters (plaintiff) argue plat satisfies Statute of Frauds and sufficiently describes easement. | Association contends plat fails to meet Statute of Frauds and lacks proper description or grant. | Yes; plat creates an express easement for Parcel 765 |
| Did the Cross Easement Agreement extinguish the easement? | Peters contend agreement does not extinguish dominant easement. | Association says servient owner can extinguish only with mutual release; Peters not party to agreement. | No; Cross Easement Agreement did not extinguish the easement |
Key Cases Cited
- Dubrowin v. Schremp, 248 Md. 166 (Md. 1967) (rights of way can be created by memorandum if it complies with Statute of Frauds)
- Kobrine, L.L.C. v. Metzger, 380 Md. 620 (Md. 2004) (plat may create express easement if description and ownership intent are clear)
- Bruce v. Dyer, 309 Md. 421 (Md. 1987) (RP 5-103 and conveyance requirements; severance analyses not controlling here)
- Miller v. Kirkpatrick, 377 Md. 335 (Md. 2003) (servient owner cannot unilaterally modify or extinguish express easement)
- Brooks v. Voigt, 224 Md. 47 (Md. 1961) (unilateral narrowing of an express easement not allowed)
- Lindsay v. Annapolis Rds. Prop. Owners Ass’n, 431 Md. 274 (Md. 2013) (deed reference to plat generally incorporates plat into the deed)
- White v. Pines Cmty. Improvement Ass’n, Inc., 403 Md. 13 (Md. 2008) (interpretation of plats, easements, and covenants is a question of law)