39 Md. App. 271 - Michael v. Needham’s Empirical Analysis
1978
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently October 2015
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Duncan and Smith v. State · Dalton v. Real Estate & Improvement Co. · Knotts v. Summit Park Co. · Oliver v. Hook · Hancock v. Henderson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to establish a right of way of necessity, it must be shown that sometime in the past the land for the benefit of which the easement is claimed and that over which it is claimed belonged to the same person. Johnson v. Robinson, 26 Md.App. 568 , 338 A.2d 88 , cert. denied, 276 Md. 748 (1975). ‘(A) right of way of necessity can only be raised out of the land granted or reserved by the grantor, and never out of the land of a stranger.’ Oliver v. Hook, 47 Md. 301, 310 (1877); 2 G. Thompson, Commentaries on the Modem Law of Real Property Section 362 (J. Grimes ed.1961). An easement by implication must arise at a time when there is unity of title. Hancock v. Henderson,, 236 Md. 98 , 202 A.2d 599 (1964); Hansel v. Collins, 180 Md. 209 , 23 A.2d 686 (1942).”
1 later decision quote this exact passage · from the majoritye.g. Rau v. Collins“A distinction has been maintained in the law between implied grants and implied reservations. If an easement is continuous and apparent and necessary to the reasonable enjoyment of the premises granted, it will be implied that the grant included the easement. However, if a grantor intends to reserve any rights or uses in or over the tenement granted, he must reserve them expressly, and the only exception is of easements, including ways, of actual, strict necessity. The reason for the last rule is said to be that a grantor cannot derogate from his grant....”
1 later decision quote this exact passage · from the majoritye.g. Rau v. Collins“We would anticipate that the parties with the assistance of the chancellor should be able to agree on the location of a right of way which would be least onerous to the appellee and passable with reasonable convenience by the appellant. In the absence of such an agreement, it will be the responsibility of the chancellor to take such testimony as might be required and to locate the right of way after due consideration of the equities of the matter.”
1 later decision quote this exact passage · from the majoritye.g. Sharp v. Downey
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.