Rogers v. P-M Hunter's Ridge
Decision Date | 18 March 2009 |
Docket Number | No. 76 September Term, 2008.,76 September Term, 2008. |
Citation | 407 Md. 712,967 A.2d 807 |
Parties | Joseph Sheppard ROGERS, Trustee v. P-M HUNTER'S RIDGE, LLC, et al. |
Court | Court of Special Appeals of Maryland |
Price O. Gielen (Ryan R. Dietrich of Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore), on brief, for petitioner.
Gina M. Smith (Joseph B. Chazen and Chantelle M. Custodio of Meyers, Rodbell & Rosenbaum, P.A., Riverdale), on brief, for respondents.
ARGUED BEFORE BELL, C.J., BATTAGLIA, GREENE, MURPHY, BARBERA, LAWRENCE F. RODOWSKY (Retired, specially assigned), and RAYMOND G. THIEME, JR. (Retired, specially assigned), JJ.
The gravamen of this case is whether a servient tenant, who acquiesces in the placement of a roadway easement established in deeds in which two placement options were provided, can extinguish that easement in favor of the second option, without the consent of the dominant tenant.1 Associated with this question are issues related to the placement of utility easements. The Circuit Court judge ruled in favor of the servient tenant, and the Court of Special Appeals affirmed. We granted certiorari, Rogers v. Hunter's Ridge, 405 Md. 506, 954 A.2d 467 (2008), and are called upon to address two questions:
1. Did the Court of Special Appeals err in finding that a constructed roadway expressly designated as permanent may nonetheless be destroyed and relocated pursuant to the terms of a Deed?
2. Did the Court of Special Appeals err in determining that Respondent may unilaterally and completely extinguish perpetual easements created by the parties for the express benefit of Petitioner?
The property in question is a rectangular tract of land in Prince George's County, Maryland, adjoining the west side of Landover Road.2 In November of 1944, the tract was acquired by Anna and James Rogers, who are the parents of Joseph Sheppard Rogers, the petitioner herein, and Trustee of the Rogers Estate. In 1963, portions of the Rogers property were conveyed in two separate deeds to Landover Gardens Apartments, L.P. (hereinafter "Landover Gardens"), and SDN Landover Corporation (hereinafter "SDN");3 Landover Gardens obtained a 8.9-acre rectangular parcel in the east of the tract, abutting Landover Road, and SDN obtained 33.9 acres, bordering on the Landover Gardens tract in the east and 75th Avenue in the Southwest.4 The Rogers retained a small six-acre square tract that was surrounded by SDN's parcel on three sides and an unrelated property to the north.5
The Rogers conveyed parcels to Landover Gardens and SDN in two separate deeds, both of which reserved roadway easements to Landover Road and created easements for water, sewage and gas (collectively the "utility easements") in a memorandum attached to the deeds. The SDN Deed provided:6
[Metes and Bounds description of the land conveyed] RESERVING, HOWEVER, unto the [Rogers], their heirs and assigns, an easement over the existing road on the Westerly side of the property hereby conveyed, which, together with the easement reserved by the [Rogers] in a deed of even date to Landover Gardens Apartments, Limited Partnership, is to provide ingress and egress from Landover Road to the residue of the property of the [Rogers]. The aforesaid easement will be extinguished by the [Rogers], their heirs or assigns at any time after one (1) year if a means of access from said road to the retained property of at least equal quality is provided.
[SDN], its successors and assigns, agree that as development of the property herein takes place, there shall be provided within such development a permanent roadway not less than 22 feet to be constructed and maintained by [SDN], its successors and assigns, to the property on the South side of the property herein described which will connect to the proposed roadway located within said property to provide a permanent means of access from said Landover Road to the property retained by the [Rogers] and to connect to said retained property on the Easterly side thereof or at such other point as may be mutually agreed to by the parties hereto or their respective heirs, successors and assigns; or in lieu of such private roadway, [SDN] may dedicate and construct a public roadway across the herein described property which will provide a means of access to Landover Road or to an existing public roadway leading to Landover Road and it is further agreed that in the event [SDN] ha[s] failed to do so on or before the date said retained property is offered for sale to [SDN], its successors or assigns, or in any event on or before five (5) years from date hereof, then and in that event the parties of the first part shall have the right to construct a roadway not more than thirty (30) feet wide across the herein described land to connect to the then existing private roadways constructed by the [Rogers] it shall be constructed and maintained by said parties of the second part leading to Landover Road; any such roadway to be located approximately as shown on the site plan entitled "Landover Gardens, Section One, dated July 16, 1963" or at such other location as the parties hereto or their respective heirs, successors or assigns may agree and in the event any such roadway is constructed by the [Rogers] it shall be constructed and maintained by said parties for the exclusive use of [the Rogers], and their agents, guests, or assigns, unless and until such time as [SDN] agree[s] to maintain said roadway, at which time [SDN] shall have the right to use said roadway in common with the [Rogers]; and [SDN], its successors and assigns, shall have the right, at its expense, to relocate any portion of said roadway, any such relocated portion to be of comparable quality and construction.
(Emphasis added). In essence, the SDN Deed permitted two alternative right of way easements for the Rogers parcel for ingress/egress to Landover Road: (1) SDN could create a private road designed to connect the Rogers property with the property "to the east side," (the Landover Gardens property) and then onto Landover Road, or (2) "in lieu of such private roadway," SDN could construct a public roadway as a means of access to Landover Road or to "an existing public roadway leading to Landover Road."
The Landover Gardens' Deed also created roadway easements to Landover Road for the benefit of the Rogers parcel:
[Landover Gardens], its successors and assigns, agree that as development of the property herein described takes place, there shall be provided, for the use of the [Rogers], their heirs and assigns, in common with others, a permanent roadway within said development to provide ingress and egress from Landover Road to the property on the North side of the property herein described [SDN's property]; said roadway to be located approximately as shown on the site plan entitled: "Landover Gardens, Section One, dated 7/16/63" and to be not less than 22 feet wide and to be maintained by [Landover Gardens], its successors and assigns, unless the same is dedicated to public use, and it is further agreed that in the event said permanent roadway has not been so constructed within two years from the date hereof then and in that event, the [Rogers], their heirs and assigns, shall have the right to construct a roadway not more that 30 feet wide across the herein described land to be located approximately as shown on the above described site plan or at other such location as the parties hereto, their heirs, successors or assigns, may agree; it being agreed that in the event the [Rogers] construct said roadway that in such event said roadway shall be constructed and maintained by said parties and shall be for the exclusive use of said parties and their agents, guests, invitees unless and until such time as the [Landover Gardens] agree[s] to maintain said roadway, at which time [Landover Gardens] shall have the right to use the roadway in common with the [Rogers]; and [Landover Gardens], its successors and assigns, shall have the right, at its expense, to relocate any portion of said roadway, and such relocated portion to be of comparable quality and construction.
Landover Gardens, thus, provided the Rogers parcel, the dominant estate, with a right-of-way from the SDN property to Landover Road, over a specified location identified in a site plan; it is undisputed, however, that this site plan cannot be found in any records.
Attached to both the Landover Gardens and SDN Deeds were memoranda that created utility easements for the benefit of the Rogers parcel; the utility easements permitted the Rogers to connect into sewer, water or gas lines on the Landover Gardens/SDN properties at the Rogers' own expense, to be further specified by a subsequent instrument, should the need arise:
NOW, THEREFORE, it is understood between the parties hereto that the purchaser, Landover Gardens Apartments Limited Partnership [or SDN], shall provide for the benefit of the property retained by the seller, a right to cross the property described in the aforesaid deed, in one or if necessary fully to serve the said retained parcel, at two locations, to be designated by the purchaser, which will not interfere with the purchasers use of property, for the installation at sellers cost of sewer, water and gas extensions to serve the retained parcel. Such right of access shall be granted in the form of a right of way or other appropriate instrument and sellers agree to be responsible for the cost of maintenance of any installations therein and for restoration thereof in the event repairs are necessary.
On August 4, 1964, the Rogers, Landover Gardens and SDN entered into an "Agreement" reciting that the parties "reserved certain easements, across the land conveyed to [Landover and SDN] ... for the purpose of providing ingress and egress to and from Landover Road," and that Landover and SDN "also agreed to provide certain roadways, etc., all as more particularly set...
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