USA Cartage Leasing, LLC v. Baer
Annotate this CaseIn this case the Court of Appeals was asked to decide on the existence and possible means of locating a general easement that provided a right-of-way from a major road. The easement in question crossed the property of USA Cartage Leasing, LLC as an access route for neighboring property owned by Todd Baer. Maryland's recording statute for deeds requires that a deed contain a description of the property sufficient to identify it with reasonable certainty. This case presented the novel question of whether this requirement, in the context of a grant of land that includes an easement, applied to the description of the easement itself or merely to that of the servient property. The court of special appeals determined that the correct answer was the latter and instructed the circuit court to locate the easement according to the principles set forth in section 4.8 in the Restatement 3d of Property: Servitudes. The Court of Appeals affirmed and adopted the Restatement's approach for locating a valid general easement that is not precisely defined in the deed or by custom or usage.
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