Legal Question in Real Estate Law in Maryland

Owning a right-of-way

My parents own a ''Right of Way'' to a property but not the actual property it goes to. Basically the driveway going into the property. My question is can the landowner that owns the property ajoinig the ''Right of way'' sell it without ownership of the ''Right of way''?


Asked on 8/24/06, 10:31 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Owning a right-of-way

If your parents' right of way has been properly recorded in the county land records, it is said to "run with the land". That means that the transfer of the property on which the right of way exists must also include the right of way. The purchasers are on notice of the right of way by virtue of it being in the land records, so they must accept it.

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Answered on 8/24/06, 10:46 am


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