Calvert Joint Venture #140 v. Snider

816 A.2d 854 (2003)

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Calvert Joint Venture #140 v. Snider

Maryland Court of Appeals
816 A.2d 854 (2003)

Facts

Calvert Joint Venture #140 (the venture) (plaintiff) contracted with Ross and Nancy Snider (defendants) to convey property for the purposes of developing a residential subdivision. The conveyance reserved to the Sniders an interest in the mineral rights of the property but did not contain any language regarding the Sniders’ ability to access the surface of the property to extract minerals. After the conveyance, the Sniders wanted to extract minerals from under the property. After several disputes, the venture eventually sought a declaratory judgment clarifying the extent to which the Sniders could use the surface of the property. There was evidence that access to the minerals could be made from other property owned by the Sniders. The trial court concluded that the conveyance created two property interests: the venture’s surface interest and the Sniders’ mineral-rights interest. The court held that each party’s rights had to be exercised with respect for the rights of the other party. The venture appealed to an intermediate appellate court, which affirmed the judgment. The venture then petitioned for certiorari, which was granted on (among other issues) the following question: whether, if there is a conveyance of land for subdivision purposes with a reservation of mineral rights but no express reservation of surface-access rights, the mineral-rights holder has a right to surface access.

Rule of Law

Issue

Holding and Reasoning (Cathell, J.)

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