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SHPAK v. OLETSKY

[No. 161, September Term, 1976.]

280 Md. 355 (1977)

373 A.2d 1234

ABRAHAM A. SHPAK ET AL. v. SAMUEL OLETSKY ET AL.

Court of Appeals of Maryland.

Decided June 2, 1977.

Attorney(s) appearing for the Case

John H. Zink, III and Clinton P. Pitts for appellants.

Eugene Hettleman for appellees.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

SMITH, J., delivered the opinion of the Court.

We shall here hold that the date for determining whether a way of necessity was created by an implied reservation was that of the contract between the original parties and not that of the ultimate deed which came after a period of litigation. Accordingly, we shall hold that appellees-cross-appellants, Samuel Oletsky et al., do not have a way of necessity across lands of appellants-cross-appellees, Abraham A. Shpak et...

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