- August 30, 2023
- Posted by: legaleseblogger
- Category: Related News
Try Free Now: Legalese tool without registration
**Title: Legal Dispute over Road Usage in Maryland: Seeking a Resolution**
**Introduction**
Greetings to this helpful community. As a practicing lawyer, I find myself stumped in a situation outside my jurisdiction (Maryland). I seek guidance regarding a predicament involving my mother’s property. An AI Legalese Decoder could greatly assist us in understanding the nuances of this situation and finding a favorable resolution.
**Background**
My mother has resided in a countryside house in Maryland since 1996. Unfortunately, an inconvenient mile-long gravel road serves as the main access to her property. Due to this hardship, she has opted to utilize an alternative road (referred to as “flat road”) that borders her property’s southern edge. Astonishingly, her property line stretches about 9 feet onto the flat road. This road offers safer and easier access to the main road, even accommodating emergency vehicles. Notably, delivery services like Amazon also utilize this route as per GPS instructions. Along with my mother, three other neighboring properties share this road.
**The Conflict**
Recently, my mother received a demand letter from a lawyer representing an adjacent property owner, whom I’ll call the “farmer.” This letter explicitly prohibited my mother and the other three neighboring property owners from using the flat road. Furthermore, it stated that the farmer would designate it as his private driveway and subsequently installed a “do not enter, private property” sign at the road’s entrance.
To exacerbate matters, the farmer went on to erect a blockade on the flat road using tractors and chains. While the police intervened and had it removed, my mother remains anxious about potential future actions by the farmer if she continues to use the road.
**Legal Arguments and Responses**
In response to the demand letter, my mother drafted a letter to the farmer’s attorney, emphasizing that her deed explicitly states the road’s purpose as being for the benefit of adjoining landowners. Moreover, she criticized the lawyers’ ethical conduct and deemed it an abuse of professional rules to issue a demand letter without solid legal justification.
In the attorney’s reply, he contested my mother’s claims, stating that the deed does not explicitly reserve any rights or easements for road usage. He expressed the need to litigate the matter and suggested that a judge would eventually determine the outcome.
**AI Legalese Decoder’s Assistance**
Though the deed mentions that the road is beneficial to adjacent landowners, my mother seeks clarity on whether it grants her explicit legal rights to utilize the road. Consulting an AI Legalese Decoder could provide comprehensive analysis and interpretation of relevant legal terms and their application to her situation.
**Finding a Resolution**
Considering my mother’s apprehension about potential retaliation from the farmer, she hesitates to utilize the road until this matter is settled. On the other hand, waiting for litigation to unfold is not an ideal course of action. She wonders if there are proactive steps she can take to seek a resolution without waiting for a formal complaint to be filed.
**Professional Conduct Query**
Given that even the farmer’s attorney acknowledges the absence of concrete legal authority for the farmer’s exclusive ownership claim, my mother questions whether this demand letter violates rules of professional conduct. It would be beneficial to consult an AI Legalese Decoder to gain insights into the ethical implications of this situation.
**Conclusion**
In summary, a legal dispute surrounding my mother’s use of the flat road on her property in Maryland demands attention. Engaging an AI Legalese Decoder can aid in comprehending the intricacies of the case and exploring possible proactive measures to resolve the dispute. Empowered with enhanced legal understanding, my mother can seek a favorable outcome while safeguarding her rights and interest in maintaining convenient road access.
Try Free Now: Legalese tool without registration
AI Legalese Decoder: Simplifying Legal Language
Introduction:
In today’s modern legal landscape, understanding complex legal jargon has become an arduous task for both legal professionals and the general public. Legal documents, contracts, and even court decisions often employ convoluted language that is challenging for many to comprehend. However, with the advent of AI Legalese Decoder, deciphering legal texts has become more accessible and efficient than ever before.
The Problem:
Legal complexity, exacerbated by convoluted and archaic language, has long been a hurdle for individuals and businesses seeking legal assistance. Ordinary people find it difficult to understand the implications of legal documents, making it challenging for them to make informed decisions. Additionally, the saturation of legalese in legal communications creates inefficiencies within the legal profession itself, leading to delays, misunderstandings, and costly errors.
The Solution: AI Legalese Decoder
Enter AI Legalese Decoder, a cutting-edge technology designed to simplify and translate complicated legal terms into plain language. By leveraging the power of artificial intelligence, this platform is capable of breaking down intricate legal jargon and presenting it in a clear, understandable manner.
How AI Legalese Decoder Works:
Using natural language processing algorithms and a vast database of legal terminology, AI Legalese Decoder identifies and extracts complex phrases, defined terms, and archaic expressions that are rampant in legal documents. It then applies its advanced linguistic analysis capabilities to generate simple, reader-friendly explanations for each identified term. This process ensures that users gain a comprehensive understanding of the legal concepts, enabling them to make well-informed decisions.
Benefits for Legal Professionals:
AI Legalese Decoder is not only invaluable to the layperson but also provides significant benefits to legal professionals. By simplifying complex legal language, it saves time and effort that would otherwise be spent on deciphering intricate jargon. As a result, lawyers can focus more on providing legal advice, analyzing cases, and advocating on behalf of their clients. Moreover, this technology can enhance collaboration among legal teams by establishing a common language and reducing the risk of miscommunication.
Benefits for Individual Users:
For individuals seeking to navigate their legal affairs independently, AI Legalese Decoder is a game-changer. By breaking down complex legal language into plain and understandable terms, it empowers individuals to comprehend the implications of legal documents without relying heavily on legal counsel. This newfound understanding enables them to negotiate contracts, comprehend legal rights and obligations, and protect their interests more effectively.
Conclusion:
In conclusion, the AI Legalese Decoder is a powerful tool that addresses the longstanding problem of complex legal language. By simplifying convoluted legal terms, this technology enables individuals and legal professionals to navigate the legal landscape with confidence and ease. With AI Legalese Decoder, the barriers created by legalese are dismantled, making legal information accessible to all.
****** just grabbed a
>In fact, her entire property line extends 9 feet into the road.
If this is true, I could see no way she does not have a legal right to use the road. If neighbors across the way have a similar property line, the question would be, does the farmer have a right of way to use the road.
Easements are very specific and your mom should go to a real estate lawyer that works with them to see what she’s entitled to.
Sounds like your mother may have a claim for a prescriptive easement even if she does not have an easement by deed. The way to resolve this via litigation would be a quiet title action.
Sounds like yÔÇÖall are talking past each other. IÔÇÖm assuming lawyer read farmerÔÇÖs deed, not momÔÇÖs deed. Mom is looking at her deed. If farmerÔÇÖs deed (and preceding land records) doesnÔÇÖt say anything about the easement, that would explain a lot of the conflict and confusion here. ItÔÇÖs also possible that farmerÔÇÖs deed doesnÔÇÖt say anything about the easement, but a full title search would have revealed it – and the attorney didnÔÇÖt do one before making the initial demand. That might explain the fumbly, jumbled response to Mom.
This is hire-a-lawyer territory. But please ignore all the advice about bar complaints – youÔÇÖre light years away from knowing enough to do something like that.
NAL but have worked with maryland law on this. She has 2 or 3 different legal justifications to using the road, assuming the information you’ve provided is correct and applies to all of the non-public roads. She and the other neighbors are well within the timeframe for a prescriptive easement. The only way she could lose that easement (if even necessary) would be to stop using the road, so I would encourage her NOT to use any road but that road which she has been using. And ask other neighbors to do the same.
This can most likely all be determined by a local experienced real estate attorney fairly quickly. It sounds like this road exists due to a larger plot of land being subdivided and at that point in time, a private road was created. At that same point in time, an easement would most likely have been granted, if one exists. If your property line is described to be 9′ of the 18′ wide road and your property goes to the public street then you can drive on the road you own. If you own 9′ of the road and your property does not extend to the public road then you would need an easement. If the farmer tries to block access, call the fire department and tell them someone is blocking emergency access to your house. NAL but my wife is. I live on two private dead ends with easements to both and I own half of the roads on either side of my property.
[removed]
Has she had any contact/conversation with the other 3 property owners? Wonder what is on their deeds
The easement doesnÔÇÖt necessarily have to be noted in the deed; however, it will be in the documents pulled during the title abstract, and will be noted in the title policy written for closing.
Contact the title insurance company in regard – problem solved (eventually, depending on the complicity of the matter).
NAL she could also potentially claim adverse possession to get an easement. I know in PA if you can show 21 years of continuous use you can be eligible for an easement to be granted through adverse possession. If she’s been using the road since 96 she certainly would be eligible. And this is regardless of anything on a deed.
But definitely consult a real-estate attorney.
Don’t threaten an attorney or give advance warning. If there’s a violation just go ahead and report to the state bar . Immediately. And see what happens
Edit: If she has a legal right (unless otherwise proven in court) of easement, she should continue to exercise her legal rights.
Possible prescriptive easement. Go see a lawyer.
IANAL but a former zoning official. Go to her local planning office or county office and pull her deed and her neighbors. Speak to them about any easement or any rights she has to claim for an easement. It may be recorded or not. It may be that using the flat Rd for a long period will give her rights if there is no easement like adverse possession. In my area landlocked properties cannot be restricted (I know she has her own poor road). Ask if there is any application on file for the farmers property since I would guess either the property changed hands recently or they may be looking to sell or develop
She should contact the other land owners to see if they are having the same issues with farmer. It would also give her an opportunity to compare deeds to the others .
She technically needs easement access. While I know this sounds dumb (arenÔÇÖt some laws), land can be owned but until there is legal access to get to it via road, you technically can trespass to get to your own property.
Is she accessing this road from her property? A public road?
Now that doesnÔÇÖt mean that is what is happening here. Did your mother obtain an owners policy of title insurance when she purchased the one in 1996?
>In fact, her entire property line extends 9 feet into the road.
Can you expand on this? It sounds like your mother actually owns a good portion of the road?
Your mother should consult her title insurance policy, especially if the deed to her property included an express, appurtenant right to share in the use of a private road. The title insurance company may provide her with counsel to represent her in this matter and might compensate her for her losses if she does not prevail.
Who does the maintenance on the road? County? Your mom?
A surveyor can help you here also
Who has maintained ‘flat’ road?
A very messy case about a similar situation in [Minnesota](https://www.wcmpradio.com/post/a-long-and-winding-road-explaining-the-hornet-street-dispute-in-kanabec-county)
IANAL. But, I do have some pretty specific knowledge of local easement laws in Wicomico county specifically.
If this is in Wicomico, I’m about 90% sure I know exactly where, and what family she’s dealing with, and they’re a pain in the ass.
But: In the event that the road clearly extends onto her property (Surveyor says that her property line covers ANY portion of the road) then she has a built-in easement for the road. The first sign that the other guy who ‘owns it’ is being an ass is the police made him come and pull his shit up.
I’d retain an attorney for her and have him meet with their attorney over the matter. It may be as easy as showing him the relevant statutes about easement appurtenants in Maryland being able to transfer with the property (governed by contract -or- *deed*) If the previous owner has an easement (dominant estate), then the servant estate or estates have no recourse but to comply.
Block the road that runs on her property. The opposing attorney has basically admitted that the farmer does not have an easement to it. She has actual bargaining power.
ShouldÔÇÖve written the letter for your mom. People are a lot more cautious when they see a lawyer is involved. Which I feel like is what your moms neighbor is trying to do. Just bully people with his lawyer and assume none of them know an attorney off hand they could quickly converse with to figure out what to do.
Have you seen the deed? Does it specifically say she can use the road? Are you sure it’s on her property line? If so, this might just be a scare tactic hoping she just abides. Either way, get a lawyer and see what they say. Reddit isn’t going to help you.
Was the land parcel owned by your mother subdivided from a larger tract owned by the farmer?
She could just drive on the part of the road thatÔÇÖs on her property.
Sounds to me like your deed includes an EASEMENT (a provision which is not terribly rare)….but I WOULD consult a lawyer!! ; )
You need a real estate attorney as land disputes are ridiculous and messy. Everything needs to be stated exact. Your mother has a few good things on her side: the info on the deed & also a prescriptive easement that sheÔÇÖs used for almost 30 year. As someone who was in a land dispute for over 3 years I highly suggest getting a lawyer fast and suing in civil court first where sheÔÇÖs the plaintiff not the defendant. It seemed in our case the court favored the plaintiff more.
You obviously have an easement, and the inviolable right to pass and repass..
What’s Rudy Giuliani doing these days?
In my hometown in the 50s and 60s, a patrolman was given an extra $100 a year to also serve as the town’s official “fence viewer”.
Maybe there’s someone in town government that can settle the dispute without you having to initiate legal action.
Hire your own lawyer. If your momÔÇÖs property extends beyond the road, itÔÇÖs highly likely itÔÇÖs the farmer who needs an easement, not your mom. She might be in a position to make his life miserable.
[removed]