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HEADNOTE: Maryland Agricultural Land Preservation Foundation, et al. v. Herschell B. Claggett, Sr., No. 142, September Term, 2008 REAL PROPERTY LAW - LIMITED USE RIGHTS - AGRICULTURAL EASEMENTS - CONTRACT INTERPRETATION Respondent landowner's grant of an easement to Petitioner Maryland Agricultural Land Preservation Foundation restricting use of his land to agricultural purposes permitted the landowner to obtain a release of acreage to construct a dwelling house for his use or that of his child. The terms of the landowner's Deed of Easement and subsequent Preliminary Release, however, did not permit him to transfer that released acreage to a third-party free of the agricultural restriction. The purpose of the easement was to maintain the character of the land as agricultural land or woodland. An unrestricted right to sell an owner's lot once released would undermine this purpose by facilitating potential real estate speculation through an ostensible request to build a dwelling for the grantor or his children. The Easement's express language stated that the landowner could construct a "dwelling house for the use only of that [landowner] or the [landowner's] child." Thus, the landowner could not transfer the dwelling constructed on his requested lot to a third-party without first obtaining approval from the Maryland Agricultural Land Preservation Foundation.

Circuit Court for Kent County Case No. 14-C-06-006937 DJ

IN THE COURT OF APPEALS OF MARYLAND No. 142 September Term, 2008

MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION, ET AL. v. HERSCHELL B. CLAGGETT, SR.

Bell, C.J. Harrell Battaglia Greene Murphy Adkins Barbera, JJ.

Opinion by Adkins, J. Murphy, J., joins in judgment only.

Filed:

December 22, 2009

In this appeal, we construe the terms of an agricultural easement conveyed by respondent Herschell Claggett, Sr. to petitioner Maryland Agricultural Land Preservation Foundation ("Foundation") over his 208.39-acre Kent County property ("Claggett Property") for the sum of $262,190.50.1 At issue is whether the Foundation must grant a release from that easement for a two-acre lot which allows Claggett to not only construct a dwelling house thereon, but also to sell that lot to a third-party free of the agricultural easement. We shall hold that the Deed of Easement and Preliminary Release only allow for the release of acreage to construct a dwelling house for the use of the landowner or landowner's child and that they do not permit a transfer to a third-party free of that restriction. FACTS AND LEGAL PROCEEDINGS The Foundation, Its Governing Statute, And Provisions In Effect At Deed Execution As the Court of Special Appeals explained: The Foundation is empowered "[t]o acquire . . . easements . . . to restrict the use of agricultural land . . . to maintain the character of the land as agricultural land . . . ." Md. Code (2007 Repl. Vol., 2008 Supp.),

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