Calvert Joint Venture #140 v. Snider
Maryland Court of Appeals
816 A.2d 854 (2003)

- Written by Miller Jozwiak, JD
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.)
What to do next…
Here's why 814,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.