Maryland  |  Real Estate Law

Legal Question

Asked on: 12/03/00, 12:27 pm

road easement

My wife and I are trying to buy a piece of property approx. 50ft. off a noncounty maint. road. The problem is that our piece of property is behind a lot owned by another person. The plat suggests that there is a old RR road (with tracks pulled out) bordering and crossing our property but also going through the property in front of ours that intersects that noncounty maint. road. We would like to use this to access our lot as a driveway. The problem is that we couldn't find a deeded right of way and the person that owns the property in front of ours refuses to give us a right of way for access to our property which we want to build a house on. We are not sure if the RR road is theirs or state/federal owned for us to use. Are the property owners in front of our lot legally able to land lock us or can we legally give them FMV for the portion we need to use as a driveway back to our lot? What if any are our options?

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