Brooks v. Voight

⁴⁸ Bruñe, C. J., delivered the opinion of the Court. L. Scott Brooks and his wife appeal from a decree of the Circuit Court for Baltimore County, sitting in equity, declaring that Walter H. Voight and his wife are “entitled to the unrestricted use in common with others entitled thereto, of the fifteen foot alley running north from a forty foot avenue now known as McCurdy Avenue for a distance of approximately 170.67 feet, said alley lying between lots 5 and 6 as shown on a plat of ‘Mrs. Mary A. Shealey’s Land’ filed January 13, 1882 in the Circuit Court for Baltimore County, in Equity * * *” and, in addition enjoining the appellants from obstructing the alley in any way which would prevent the appellees’ use thereof as an alley. At issue on this appeal is the extent of the appellees’ easement in this fifteen foot alley. The question is whether they are entitled to the use of the alley over its entire length or only over that part of it upon which their property binds and which is necessary to give them access from the rear of their property to a public street or road (McCurdy Avenue).

The title to the appellees’ lot is derived under a deed dated April 7, 1883, from Receivers appointed by the Circuit Court for Baltimore County to sell the property of Mrs. Shealey, to Dr. Alexander C. McCurdy, which deed conveyed in fee simple the property described as follows: “Beginning for the same on the east side of the Baltimore and Yorktown Turnpike Road at the intersection of said Turnpike Road with the north side of a forty foot avenue, and running thence binding on the north side of said avenue, north 73 degrees east one hundred and one feet and six-tenths of a foot to a fifteen foot alley with the use and privilege of said alley in common with others, thence binding on said alley north twenty-seven and one-half degrees west fifty feet, thence parallel with said forty foot avenue south seventy-three degrees west one hundred and one feet and six-tenths of a foot to the aforesaid Turnpike Road, and thence binding on the ⁴⁹ east side of the same, south twenty-seven and one-half degrees east fifty feet to the place of beginning. (Being a part of Lot No. 5 as the same is designated on plat of Mrs. Mary Ann Shealey’s estate filed among the proceedings in the above entitled cause).” This plat was also recorded in Baltimore County Plat Book No. 1, folio 132. By mesne conveyances, title to Dr. McCurdy’s lot, without change in' description, is now vested in the appellees. The deed to them describes it as binding on the fifteen foot alley “with the use and privilege of said alley in common with others * * Similar provisions are found in two deeds to the appellants under which they acquired other parts of Lots Nos. 5 and 6 shown on the Shealey plat and binding on this alley.

It is stipulated by the parties that the appellants have fee simple title to the entire bed of the fifteen foot alley with the exception of a strip 7j/2 feet wide by 50 feet long adjoining the easternmost end of the appellees’ lot and that the appellants also have fee simple title to all of the land adjoining the fifteen foot alley with the exception of the appellees’ lot and the lot of one Stephens, whose deed, by its terms, specifically denied him any right, title or interest in the alley. The appellees operate a clothing store on their property. Their lot fronts 50 feet on York Road and extends east along the north side of McCurdy Avenue to the alley in question. The alley, in turn, at its southern extremity opens into Mc-Curdy Avenue, and at its northernmost point terminates at the appellants’ property.

The appellants use their property as a funeral home and have utilized the alley as a parking facility for their patrons and as an entrance to their parking lot, which lies at the northern terminus of the alley. The appellants recognize that the appellees are entitled, in common with others, to use that part of the alley which abuts upon their lot and which is necessary for access to McCurdy Avenue, but they deny that the appellees are entitled to use the entire alley or any part of it north of their property line and have attempted to deny access to the appellees to any part of ⁵⁰