Legal Question in Real Estate Law in Maryland

contract terminology

Our property is governed by a Declaration of Restrictions.

There is a panhandle with two strips owned by the property owners in the back two lots. The front two lots are given use for ''ingress, egress, and normal driveway purposes.''

We are unable to define ''normal driveway purposes'' and have not found anyone here who can. A judge ruling on a trespassing issue, said it meant nothing and forbid us to use the panhandle for overflow parking- a typical normal driveway purpose. Can you help us with this definition?


Asked on 7/26/05, 9:35 am

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: contract terminology

This is a fact based inquiry and analysis. Speak with an attorney so that appropriate information can be derived. You should obtain legal representation.

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Answered on 7/26/05, 10:09 am
Robert Sher Wagshal and Sher

Re: contract terminology

"Normal driveway purposes" would logically include such things as parking cars, so I don't understand how the judge could have ruled as you stated. Perhaps it was based on the number of cars you had parked there at the time. If you can demonstrate what uses you've typically made of the area in question over time, you should be entitled to continue using it for those purposes.

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Answered on 7/26/05, 10:13 am
David Lease Smith, Lease & Goldstein, LLC

Re: contract terminology

Several out of state courts have considered the question of whether "driveway easements" or "right-of-way for ingress and egress" allow for parking on the burdened land by the owner of the dominant estate. See annot., 37 A.L.R.2d 944. Courts generally have construed such easements to allow this provided that the vehicles are not parked in such a manner as to interfere with the use of the property by the owner of the servient estate. Id., 946-47; State v. Larason, 75 Ohio L.Abs. 211, 213, 143 N.E.2d 502 (1956).

The important qustion here, is what effect does the parking of vehicles have on the Properties. Additionally, the previous court ruling, if it is final, may preclude any new lawsuit regarding the meaning of the language. I would strongly suggest you discuss this matter with an attorney as soon as possible.

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Answered on 7/26/05, 11:07 am


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