If all the judge did was rule that the ferry company had to remove the wall, then the judge was not unreasonable.
But as I read the original story I got from it that he ruled that they could not use the landing area at all unless they settled with the land owner on the landowner’s terms.
And if the deed is faulty, the landowner’s terms do not matter and the only discussion should be how to resolve the matter of the retaining wall.
Since you are a real estate lawyer: Is the deed faulty?
Is there a state maintained road ending at the ferry landing?
Does the farm owner’s deed reference the road right of way?
That was a tangential issue that pertained only to damages that the company had to pay. The core issue was whether the company had the right to use the landing and road located on the landowners property.
But as I read the original story I got from it that he ruled that they could not use the landing area at all unless they settled with the land owner on the landowner’s terms.
Correct. He ruled that the company did not have a right to use the landowner's property at the location it was using it.
And if the deed is faulty, the landowner’s terms do not matter and the only discussion should be how to resolve the matter of the retaining wall.
I assume you mean the landowner's deed. The deed was not faulty. The landowner took title to the property subject to any encumbrances existing at the time of the deed. An existing encumbrance would mean the right of the company to use the landing and road on the landowner's property. The judge concluded, correctly in my view, that no such right existed
Since you are a real estate lawyer: Is the deed faulty?
I haven't seen the deed, but I'm certain it was not faulty. It didn't need to mention anything about the supposed right of way.
Is there a state maintained road ending at the ferry landing?
No, there is a sign several hundred feet from the landing that says "End of state maintenance," which suggests that everything beyond that is private property.
Does the farm owner’s deed reference the road right of way?
I haven't seen the deed, but I doubt it. The deed likely referenced just the parcel being purchased. It would be subject to any encumbrances existing prior to the deed. The title report probably refers to a right of way, either by virtue of the earlier condemnation or the actual use by the company. The judge concluded that no such right of way existed.