Mayor of Baltimore v. Northern Central Railway Co.

Citations

• 88 Md. 427
• 41 A. 911
• 1898 Md. LEXIS 218

Syllabus

<p>Dedication of Streets — Conveyance of Bed of Projected</p> <p>o ^<^^aAUHngLani.</p> <p>When the owner of land, through which passes a street designated as such on a public or private map but not actually opened, conveys lots described as binding on such street and retains the fee in the bed thereof, then a dedication of such street to the public is made by implication. The dedication in such case is held to be made because there is an implied covenant by the grantor that the grantee shall have an easement or right of way in the street as a public street. But if the grantor conveys the bed of the street itself, together with the adjoining land, there is no such implied covenant and no dedication.</p> <p>The owner of a tract of land through -which ran a projected street not opened but designated on an official _ map, conveyed a part of the land, and described it as beginning in the centre of such projected street and running thence along the centre thereof, etc. Held, that this description did not constitute a dedication of the street to the public, but that the fee in one-half thereof passed to the grantee.</p>