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Chevy Chase Land Company v. United States

Maryland Court of Appeals

733 A.2d 1055 (Md. 1999)

Relevant factsFree

Chevy Chase Land Company (plaintiff) conveyed a right-of-way to a railroad in 1911 for a one-mile stretch of land; in 1988, the railroad conveyed that right-of-way to a county to build a hiker/biker trail under the federal Rails-to-Trails Act. Chevy Chase sued, arguing the original conveyance was limited to an easement for railroad uses only, and the Federal Circuit certified the underlying property-law question to the Maryland Court of Appeals.

IssueFree

Whether a conveyance of a railroad right-of-way is presumed to create an easement rather than a fee-simple interest, and whether converting that easement to a hiker/biker trail exceeds the scope of the original grant.

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