My question involves an easement in the state of: Maryland
I have a "road" (more like a path) that runs thru my property. Over 30 years ago, the court ruled in a trespass case, by another property owner along the road, that the path was indeed a road, and was "open to the public for travel".
While the road is now listed on commercial GPS and the county maps, that would almost seem to be an eminant domain, and does that obligate the county to maintain/improve the road? since it is still private, I am working under the thought that the court decision was to provide access to the properties along the road. Latley, one of my neighbors feels he can walk his dog, ride horses, ride his atv, etc on my property and cites the court order as his legal claim to my land.
Any advice on what this terminology from the court, "open to the public for travel", allows and doesnt allow? I am a bit worried that the wording is too broad, and I will have to go to court to challange/clarify this ruling. If it is going to be "public use" then I would just as soon have the county assume ownership and provide all the maintenence. That also clarifies the allowed uses of the road.
Since the road is currently private, can I cange the alignment of the road to better suite my needs? the change in path would not change elevation or grade, and would change lenght by less than 100ft.
Thanks,

