South Baltimore Harbor & Improvement Co. v. Smith

Citations

• 85 Md. 537
• 37 A. 27
• 1897 Md. LEXIS 53

Syllabus

<p>Dedication — Map of Public Square in Projected Town — Joint Owners — Recording of Agreement Relating to Land — Constructive Notice. - '</p> <p>Where the owner of land makes an agreement by which a joint interest in the same is given to another party, and this agreement is duly recorded among the Land Records, he can do no acts afterwards by which a part of such land becomes dedicated to the public without the consent of the other party. And the subsequent recording by vendor of a plat of the land upon which a part thereof is designated as a public square does not constitute a dedication of the same.</p> <p>A corporation which owned a large tract of land, the site of a projected village, caused a plat of the same to be made showing lots and streets, and also a public square of several acres. Before this plat was recorded and before any lots were sold, the corporation made an agreement with another company by which the latter acquired the right to purchase a certain number of lots on certain terms, and also a right to fence in the proposed public square and have exclusive use of the same until a certain date, after which time it was agreed that the square should be vested jointly in the two companies for such purposes as they should agree upon. This agreement was recorded among the Land Records and the map was subsequently recorded. The defendant company became the successor in title to these two companies and claimed to own the land embraced within the proposed square. Plaintiffs, who were owners of lots in the town, purchased after the agreement claimed that the square had been dedicated, and asked for an injunction restraining the defendant from exercising acts of ownership therein. Held,</p> <p>ist. That under the Act of 1835, ch. 205, the agreement between the two companies was a “ contract relating to land ” and as such was entitled to be recorded.</p> <p>2nd. That the record of said agreement was constructive notice to all the world that the square laid down