Jenkins v. Bay House Associates, L.P.

This appeal involves a challenge to a decree in which the chancellor held that a plaintiff, who owns property lying beneath a pond opening to the Chesapeake Bay, also owns the waters of the pond. The chancellor enjoined certain owners of land abutting the pond from trespassing on the pond’s waters and from placing piers or other structures reaching into the water. The dispositive issue before us is whether this holding and the award of injunctive relief were permitted under the allegations and prayers for relief in the plaintiff’s pleadings.

We state the evidence in the light most favorable to…