Tag Archives: Court of Special Appeals of Maryland

Real Estate Update: Easement drafting news in the Court of Special Appeals of Maryland

The Court of Special Appeals of Maryland has issued a decision giving a word of caution to easement drafters. In Joe the Grinder, Riva Road, LLC v. Riva, LLC, the Court held that an easement referencing a right of way for “vehicular ingress and egress” was ambiguous as the easement further described only a single-lane driving aisle “to” a traffic ... Read More

Client Alert: Watts-Dowd v. SJH Property Management, LLC

The Court of Special Appeals of Maryland has affirmed a trial court’s denial of an adverse possession claim in which the plaintiff submitted evidence as to each of the traditional necessary elements but failed to establish the location of the actual property at issue.  In Watts-Dowd v. SJH Property Management LLC, the Court was presented with an all too familiar ... Read More

Client Alert: Yacko v. Mitchell

The Court of Special Appeals of Maryland has issued an opinion adverse to lenders decrying the “high volume of foreclosure cases” in which lenders “often treat these matters as routine and expect our courts to rubber-stamp the foreclosure with methodical expediency.”  In Yacko v. Mitchell, the Court noted that the Maryland Rules mandate that trial courts slow the foreclosure action ... Read More

Client Alert: Chicago Title Insurance Co. v. Allynnore M. Jen

Last Thursday, the Court of Special Appeals of Maryland issued an opinion on an insurance coverage matter that only eight (8) jurisdictions have issued a published decision on since 1951. Fortunately for the title insurer, the Court of Special Appeals sided with the majority and joined seven (7) of those jurisdictions. While the case raises other issues such as the ... Read More

Client Alert: PennyMac Holdings, LLC v. First American Title Insurance Company

Recognizing that Maryland appellate courts have not previously issued a published opinion as to either whether a closing protection letter constitutes a policy of title insurance or when claims against a closing protection letter accrues for statute of limitations purposes, the Court of Special Appeals of Maryland has issued a decision clarifying these, and other, areas of the law. In PennyMac ... Read More

Client Alert: Easement Decisions in the Court of Special Appeals of Maryland

The Court of Special Appeals of Maryland has issued two new easement decisions of importance to real estate practitioners. Both decisions provide rare detailed analysis from the Court of Special Appeals into easements and are worth review. In Hejazi v. Sears, Hejazi’s predecessor-in-title conveyed an easement “over, upon and across” the subject property to Sears granting “exclusive rights to the use ... Read More

Client Alert: Dennis Hamilton v. Murray Rottenberg

The Court of Special Appeals of Maryland recently resolved a matter of first impression as to whether a judgment lien attaches on property during that brief period after a contract for sale has been executed but prior to legal title passing at closing. As this was the first level of appeal, it is likely that the losing party will seek ... Read More

October Real Estate Update | Lawrence R. Carver, Jr. v. RBS Citizens, N.A.

On September 27, 2019, the Court of Special Appeals of Maryland issued an opinion reversing a judgment against Security Title Guarantee Corp. of Baltimore. The decision is significant not merely for what the Court held, but for what claims were not raised by the property owners. In Lawrence R. Carver, Jr. v. RBS Citizens, N.A., Nancy and Lawrence Carver purchased multiple ... Read More