Baltimore, MD asked in Real Estate Law for Maryland

Q: Were we to make it to the 20 year point in Maryland, would we have a case for adverse possession?

We have been maintaining an abandoned foreclosed home for 2 years in MD. We mow, shovel, rake, weed, clean gutters, do minor exterior repairs. We did several dump runs to address mounds of trash left behind. We started some of this while the previous owners were there. We notified the bank and realtor to initially get info about their timeline and ask for compensation for the tasks. (We didn't realize how long it would be empty and initially were keeping up appearances for the sake of the neighborhood.) We were told they would send someone to take over-- but they haven't. We locked the house to protect the inside. (The previous owners left it open.) We have also pumped the leaky basement after heavy rains. It's a cute little place and we don't want it to get run down! We are not squatting, but "use" of the property is limited to maintenance.

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Based on your facts in this question, the answer is "no." And you are not entitled to compensation, either, as a volunteer. We have had cases like this where a neighbor's land fell into disrepair an damaged our client's property. That leads to a lawsuit for nuisance and money damages. You can also sue to compel the neighbor to fix dangerous conditions. In our case, we sued the foreclosing bank that took over the house but did nothing with it. You can also call the city/county and have the bank cited for not cutting the grass, etc. This stuff is a pain in the neck, but you can choose to voluntarily mow the grass for your own sake, or you can go after them to act like true owners.

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