Rowe v. Nally

Citations

• 81 Md. 367
• 32 A. 198
• 1895 Md. LEXIS 65

Syllabus

<p>Easements and Servitudes — Sufficiency of Declaration.</p> <p>A declaration set forth that the defendant was the owner of a narrow strip of land extending from his property to a public road, the same being used by him as a way; that plaintiff owned the land on both sides of said strip, and was entitled to have a gate maintained by the defendant at the public road where defendant’s strip of land ended; but that the defendant removed the gate therefrom. Held, upon demurrer, that the declaration did not set forth a good cause of action, there being no allegation of any contract or deed by which defendant was bound either himself to maintain a gate at that point, or to allow the plaintiff to maintain one on defendant’s land; and there being no allegation of a prescriptive right.</p> <p>The owner of a tract of land may convey a portion of it, and in the deed may retain an easement therein, for the benefit of the undisposed of part; or he may convey to his grantee an easement in the land which he retains. But these easements do not compel the owner of the land subject to them to perform work or service. It is the nature of a servitude not to constrain the owner of the servient tenement to do anything, but to restrain him from doing, or to compel him to suffer something to be done upon his property.</p>