BMH Real Estate Partnership v. Montgomery

Miller, Judge.

Hugh L. Montgomery, Jr. (“Jack”) and Hugh L. Montgomery III, both individually and as co-executors under the will of Agnes L. Montgomery, filed a petition against BMH Real Estate Partnership (“BMH”) seeking to remove an obstruction from an alleged private way across the property of BMH. According to the petition, BMH constructed a new road in nearly the same location as a preexisting road (“the old roadway”) long used by the Montgomerys. BMH blocked off the entrance to the old roadway and installed a gate at the entrance to the new road. When BMH subsequently denied requested…