Loss of Right of Way

[jdd]

RE: Maryland Real Estate

Background: Our community Homeowners Association and Corporation received deeded rights to a right of way, in fee simple. The deed documents indicated that membership in the association should be maintained and that dues be paid, etc. The Homeowners Association and Corporation was registered with the state but fees were not paid to the State of Maryland for two years, minutes were not kept, and the state considers the corporation "forfeited".

Question: Are we in danger of losing the right of way, if the original owner of the land wants it back? Or do we simply re-register the corporation?

 

[HomeGuru]

Have an attorney represent the association and reregister the Corp. If the ROW was in favor of the Corp and there is no Corp, the landowner can claim abandonement.