Lindsay v. Annapolis Roads Prop. Owners Ass'n
Annotate this CaseLandowners believed they had the right to use a ten-foot wide strip of land that was used as a driveway to property owned by a Trust. The community homeowners association (Association) and six residents of the subdivision (collectively, Plaintiffs) filed suit against the Trust and the Trust's settlor (collectively, Petitioners) seeking a declaratory judgment that the Association held fee simple title to the strip and that the Landowners' property enjoyed an easement over the strip. Petitioners responded with a counterclaim seeking a declaratory judgment that the Trust held fee simple title to the strip and no easement existed in favor of any plaintiff. The circuit court concluded that the Trust held all title and interest in the strip and that the Trust's interest was subject to an easement appurtenant to the Landowners' property for the purposes of ingress and egress. The court of special appeals affirmed. The Court of Appeals affirmed in part and reversed in part, holding that the Landowners had an easement over a five-foot wide portion of the strip.
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