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7. The Agreement shall (a) run with and bind upon
the parcel of land upon which the Subdivision is being
created and which is the subject of this Agreement; and
(b) inure to the benefit of the parties hereto, their
heirs, personal representatives, legal representatives,
successors and assigns as appropriate.
8. This Agreement shall be governed by Maryland
law and any action brought by or between the parties
shall vest jurisdiction and venue exclusively in the
courts located in Anne Arundel County.
9. This contains the complete and final Agreement
between the parties and no agreement or understanding
shall be binding upon any of them unless set forth in
writing and executed by both parties. [Reproduced
literally.]
All of the lots in petitioners’ subdivision plat, including
lot 12, were unimproved except for lots 3, 4, and 5.
Lot 5 contained a two-story house that was built in 1996.
During September 1997 to December 1999, petitioners rented that
lot to Mr. O’Malley’s brother Kevin R. O’Malley (Kevin O’Malley)
and Kevin O’Malley’s spouse Kelly M. O’Malley (Kelly O’Malley),
who lived in the house on lot 5 while they were renting that lot
from petitioners.
From December 1999 through June 2000, petitioners trans-
ferred by deed to the grantees indicated the following lots,
inter alia, in petitioners’ subdivision plat:5
5As discussed below, petitioners transferred (1) lot 5 to
Kevin O’Malley and Kelly O’Malley and (2) lot 12 to Mr. O’Mal-
ley’s brother Edward P. O’Malley (Edward O’Malley) and Edward
O’Malley’s spouse Faith M. O’Malley (Faith O’Malley). Petition-
ers did not transfer lot 4 or lot 11 in petitioners’ subdivision
plat. Petitioners’ subdivision plat showed that Mr. O’Malley was
to retain lot 4 and that lot 11 was a “bonus lot”.
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Last modified: November 10, 2007