Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 107) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1909. Excerpt: ... Md.] Opinion of the Court. still retains; and if that servitude is imposed upon the heirs and assigns of the grantee, and in favor of the heirs and assigns of the grantor, it may be inforced by the assignee of the grantor against the assignee (with notice) of the grantee." The implication is that unless it is so imposed, it cannot be enforced by the assignee. But there is still another difficulty in the way of the appellants. The theory of the bill as shown by the eighth paragraph is that an "easement was created on the lands mentioned and described in said deed for the benefit of the lands retained by the said Rowland; that these complainants as assigns of the said Rowland are entitled to the benefits of said easement over the lands of the defendants as assigns, with notice, of the Chesapeake and Ohio Canal Company." It has been settled by a long line of decisions in this State that our statute, requiring deeds conveying an estate of inheritance or free-hold, or any declaration or limitation of use, or any estate above seven years, to be executed, acknowledged and recorded as therein provided, is applicable to grants of or covenants for easements in land. Hays v. Richardson, 1 G. & J. 366; Carter v. Harlan, 6 Md. 20; Long v. Buchanan, 27 Md. 5 16; Polk v. Reynolds, 31 Md. 112; Rayner v. Nugent, 60 Md. 519; Shipley v. Fink, 102 Md. 219. In Hays v. Richardson, the owner of the land had, under his hand and seal, authorized Richardson to open a road through it and to build, keep in repair and use a bridge over a branch in the field, over which the road would pass. The road and bridge were built, and the defendant obstructed the road. In an action on the case for obstructing the way, it was held by our predecessors that there could be no recovery because it was necessary that a grant of...