Emerald Hills Homeowners’ Ass’n, Inc. v. Peters

At issue in this case were two parcels of land in the Emerald Hills Subdivision called the Triangular Parcel and Parcel 765. In 2009, the owners of Parcel 765 began construction of a paved driveway on the Triangular Parcel to access a public street. The Emerald Hills Homeowners’ Association filed suit, seeking compensatory damages, injunctive relief, and a declaratory judgment that the Triangular Parcel was not subject to an easement for the benefit of Parcel 765. The circuit court granted summary judgment in favor of the Association. The Court of Special Appeals reversed, ruling that the Subdivision Plat established an express easement over the Triangular Parcel in favor of Parcel 765 and that a Cross Easement Agreement executed in 2001 by the developer of the Emerald Hills Subdivision had no effect on this easement. The Court of Appeals affirmed, holding (1) the Subdivision Plat for Emerald Hills established an express easement; and (2) the Cross Easement Agreement did not extinguish any easement attached to Parcel 765. View "Emerald Hills Homeowners’ Ass’n, Inc. v. Peters" on Justia Law