Legal Question in Real Estate Law in Maryland
Right of Way Easement
My subdivision plat shows a right-of-way easement across several properties. Elsewhere on the same plat appears the expression ''roads and beds thereof'' as part of a statement wherein the grantor is reserving fee simple title to the roadbeds. Absent any other descriptive language on the plat or in deeds, can one have confidence that the referenced easement is, in fact, a ''road?'' It bears a street name shown on the plat and which appears on local maps. We owners ask that if it not a road -- and it most definitely carries vehicular traffic and is not otherwise a private driveway -- then what else could it be? The subdivision's other streets are privately held and maintained. Thus the argument at hand is whether this roadway, because it is called a right-of-way easement, is nonetheless a ''road.''
1 Answer from Attorneys
Re: Right of Way Easement
A right of way or easement can be a road, the terms are not mutually exclusive.
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