Legal Question in Real Estate Law in Maryland
Right of way
A dirt road existed along a trout stream. It was not a through road. It terminated at the confluence with a tributary stream that could be forded. Footpaths continued along the stream on the other side. The road gave fishermen access to those sections of the stream for many years.
Flooding occured some ten to fifteen years ago, washing out the road. The county did not rebuild the road. The landowner of the adjacent land has now claimed the former roadway and posted it with a no trespassing sign, denying public access not only to the section of stream along his property, but preventing access to the footpaths above their property.
A local law officer told us that it was Maryland law that a former roadway automatically reverted to the landowner when the county abandoned it. We think that might not be correct, and believe that a right of way for fishrmen may still exist by common law. What laws might actually govern this situation?
1 Answer from Attorneys
Re: Right of way
You have to look at the documents by which the County/State acquired the road. It may or may not revert (it's certainly not a sure thing). I'd be happy to look at the situation and see what can be done.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
