Dear jmhines123,
In a typical state, there is nothing that would stop a riding club
from making the request they made in relation to the developer's
property - municipalities and counties often extract concessions from
developers in association with approving projects or plats. It is much
less clear that they would have any right to make a claim in relation
to your land.
Ordinarily, an easement may be obtained either by grant (express or
implied), or by prescription. In very simple terms, an easement arises
by express grant when a formal conveyance is made. An easement arises
by implied grant when a conveyance accidentally leaves a parcel of
land landlocked, and a court implies the grant of an easement to allow
access. An easement arises by prescription when a third party uses the
land in a particular manner for a statutory period (journalist's
comment above suggests a 20-year statutory period for Maryland) -
typically with the requirement that the use be continuous, open and
obvious, and hostile (in this context, meaning "without the owner's
permission"). The specific factors which give rise to an easement can
vary from state to state, but in most states the facts you have
provided would not give rise to an easement as there is neither a
grant nor any hostile use of the land.
That is not to say that there may not be special common law or
statutory provisions in your state which apply to easements, rights of
way, or even specifically to recreational trails. That is why I asked
for the basis upon which the easement was requested, in response to
your earlier question - had the riding club pointed to a particular
common law or statutory basis for its request, it would be easier to
analyze its merits. Without that basis, absent a familiarity with
these legal issues under Maryland law, this could turn into a very
extensive research project as a researcher tries to find laws and land
use regulations which may not even exist. It is possible that the
riding club has no legal basis for its request, in which case the
search for any authority governing their request becomes, in essence,
an effort to "prove a negative".
There are a number of actions that might be appropriate for your
situation, but it is difficult to know what self-help or legal
remedies are best suited to your situation without considerable
research into your state's laws and policies. In some states, you
might be able to barricade the trail (of course, in an obvious manner
so as to avoid injury to horses or riders), but other states might
frown on that type of self-help. In some states, it might be best to
bring a legal action to "quiet title" to the claimed trail - that is,
to ask a court to rule that you have ownership and that there is no
easement or right of way vested with the riding club or general
public. However, depending upon your state's laws, that also might not
be an appropriate tactic, or may be expensive. Also, before bringing
such an action, it is important to have a full understanding of the
potential validity of the claim for a trail, as the last thing you
would want is for the court to ultimately rule against you.
I know that quite a few researchers have looked into your question,
which is both interesting and challenging. I am wary of tacking this
question, as it would take many hours to produce what I would consider
to be a reasonable answer, and as the answer, no matter how complete,
may not provide you with any definitive resolution of the questions
you have posed.
- expertlaw |
