Show ONE FOOT OF laa LAND BARS HOME FIVE OWNER FROM ROAD realty firm reserved plot when buyer refused to pay for improvements dal baltimore tini ore stepping across a strip of land one foot alde w de even though the ground itself is not touched constitutes trespass and is preen preventable table by law the maryland court of appeals has decided A curious contest for the right to walk over a narrow strip separating a house owners property from the public highway arose in a lawsuit bought by a realty com pany against alonzo flaisman Sl aisman in baltimore county and later tried trie d at annapolis As a result of the decision who owns the property facing on an improved street Is prevented from using the highway because he cannot step across the one intervening foot of ground which he be does not own when the realty company which owned the development started the construction of a street would pass in front of slays mans lot lie was assessed tor for his share of the expense of laying the road lie Ile refused to pay claiming he did not want avant the improvement pro to pay that amount the realty company proceeded to build the highway hig liway instead of making it the full 50 foot width as intended the roo broadnay diny was vias narrowed to 49 feet leaving a one toot loot margin between the paved road and Slays mans property the completed road was then turned over to the alie county Slay in order to use the new road was obliged to step across the one foot strip which lie he did without touching it the realty really concern however warned him that passing over its ita strip of ground trespass and filed suit stilt in n the county court to prevent him the judge in the county court ruled that the strip hod had been re rc served for punitive purposes and refuse refu seil to grant the realty company the right to prevent using it the court of appeals however took the opposite view even though the lie company reserved the lie one foot strip for purposes which the court might not approve that did not Inter interfere fefe with its legal right tt it prevent trespass oner oer it the appellate court then granted an injunction against |