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Question: I moved into a water privileged community in 2017 only to find that a member has taken over the community access to the Chesapeake Bay. Since then, a couple other members have also moved in with their children. The path is a dedicated and is not an easement. We are being denied our riparian access by this resident. Our homes do not face the bay. We have a community association and our community deed states that this access belongs to everyone living in this community. An Opinion of the Circuit Court of Annapolis Maryland indicate that the path is to benefit the neighborhood, a Perpetual Injunction and the court’s Opinion substantiates our claim The community association department ID number is D00048009. The resident installed pavers and recently a no trespassing sign; and this year she has put a fence up. My understanding is that this resident has been keeping the community members from exercising their riparian rights of accessing the Chesapeake Bay for several years. The community deed from 1955 dedicates the path to the community. The community plat shows the path to the bay. The community deed also references a Perpetual Injunction from a 1935 Circuit Court Opinion, which defends the rights and benefits of the community to always have access to the bay via of this path. This year a new neighbor from the opposite side of the path, that moved in, in 2017 established a “Quit Claim” and gave the path to the neighbor that stated told the community that she owned the path. There are no other documents besides what I have enclosed in this email in regards to the 8’ path to the bay. This was once a community in which residents socialized with each other. Since this neighbor has taken our access to the bay, people don’t talk to one another anymore. Would you please review the documents attached? We are a very small community and this neighbor has affected us awfully. Would you mind telling me if it is possible to pursue this issue please?

Answer:

We can certainly understand that this is a distressing situation for you and others, both in terms of your access to the bay and also of the social relationships in your community. How to resolve it? Based on what you have described, this clearly seems to be a legal issue, and one that would need to be resolved by the legal system, especially if prior discussions have failed. In this case, while keeping communication lines open, we would strongly suggest you and your neighbors consider getting legal representation and pursuing legal action.

Question Date: Mon, 10/24/2022