Beins v. Oden

RAYMOND G. THIEME, Jr., Judge, Ret’d, Specially Assigned.

This case presents the question of the binding effect of a restrictive covenant placed upon the land by a common owner not recorded in the direct chain of title to the burdened estate but recorded in the direct chain of title of the benefited property.

Appellants, Daniel and Kelly Beins, are the owners of certain real property located in Frederick, Maryland. They appeal a decision by the Circuit Court for Frederick County granting the Motion for Summary Judgment of Darryl R. Oden and Charles and Marie Hoppe, appellees, declaring the…