Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1916-06-02
Without Express Reservation, The
Streets OF A Subdivision Are
Dedicated To Public Use.

Judge E. C. Peter, of the Circuit Court
for this county, has handed down an opin-
ion in the case of Katharine C. Beale ct
al. versus Town of Takoma Park ct al
This is a proceeding to enjoin the col
lection of certain special improvement
taxes by sale of the several parcels OF
land against which they have been as
sessed by the town of Takoma Park. a
municipal corporation existing under the
laws of the State of Maryland. The Court
says, in part:
THE assessment objected to by Katha-
rine C. Beale amounts to $154.56, it being
for one-half of the cost of laying water
main along Hancock Avenue. in front of
block 7, in what is commonly known as
General S. S. CAROLS Addition to Takoma
Park The assessment objected to by the
representatives of the estate of George N.
Beale consists of two items, one of $42.72,
it being one-half of the cost of extending
the same water main in a northerly direc-
ton along Grant Avenue to Hancock Ave-
nue., in front of block 8. in the same sub
division. and the other for $154,80. being
one-half of the cost of extending the same
water main along Hancock Avenue. in
front Of the same block.
Upon the facts stated has there been
dedication of the part Of Grant Avenue
and the part Of Hancock Avenue along
which this water main has been extended
In White versus Flanagan. Md. 525,
the court said We hold that where a
party sells property lying within the limits
of city. and in the conveyance. bounds
such property by streets designated as
such, in the conveyance, or on map made
by the city, or by the owner of the prop
erty, such sale implies necessarily cove
nant that the purchaser shall have the
use Of such streets In McMurray versus
Baltimore, 81 Md, 1903, the court quoted
with approval the following extract from
Barney versus Baltimore, Hughes. C. c..
1l8: Where an owner Of land exhibits a
map Of 1t. in which street is defined,
though not yet opened. and sells building
lots with front or rear on the street. and
makes no express reservation. he dedicates
the street for public use. By the Act of
1892. Chapter 884 (Code. Article 81. Sec
ton 96) 1t is provided. that all grants of
land binding on any street shall be con-
strued to pass to the grantee all the title
of the grantor to the center of the street
on which the same binds. unless the
grantor shall in express terms in the writ
ing by which the conveyance is made
reserve to himself all the right. title and
interest to the said street. By force Of this
statute every conveyance made by Katha-
rine c. Beale of land binding on Hancock
Avenue extends to the center of that
street. The court was the vendor of sec
lions one and three. These sections were
sold by the express reference to the plat.
and with full knowledge of that fact and
with the plat before 1t the court ratified
the sales. This being so, know of no equi-
table principle which would give to con-
veyances made by the court through its
agents any different effect than If they
were made by individuals acting in their
own behalf. Upon the facts. have no
hesitation in reaching the conclusion that
there had been. before this water main
was extended, contaminated dedication
of the land In which it was laid to public
uses for street purposes.
1T is thereupon decreed that the injunc-
ton heretofore granted in this cause be
and the same is hereby dissolved that
the plaintiffs bill as amended be and the
same is hereby dismissed. and that the
plaintiffs pay to the defendants their costs
of suit to be taxed by the clerk"