I posted this question last week and received one very eloquent response as to the wisdom of forming an HOA so as to enforce covenants BUT, at the end of the day, I did not receive a straight up "yes" or "no" answer to my question which again is: "does the state of Maryland... Read more »
Yes. The phrase "in place" means properly organized, and in good standing with the State of Maryland. There are instances where an HOA described in recorded declarations has been allowed to lapse, or is no longer functioning. There are reported appellate court decisions describing what... Read more »
The property has now sold for the third or fourth time & the new owners had a survey done. It shows the trees and garden are on their side of the survey line. We spoke to them within a week of their moving in and they said not to worry they couldn’t use that tiny strip of property next to... Read more »
Yours is a common issue. Our Firm recently had this exact issue (dispute over ownership of flower beds near shared boundary) in a D.C. case. Do you have a survey? Perhaps it conflicts with the neighbor's survey. Also, have you or your predecessors used the beds to the exclusion of your new... Read more »
My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »
This is something our Firm can help with. We are also real estate brokers with access to valuation tools. You want to avoid the cost of a partition action. Where co-owners can't agree on a sale, any one of them can run to court and compel the sale.
If an owner of 2 lots with the rights to use a sec of a common easement that leads to the second lot and is a need I necessity easement for lot 2. The owner of lots 1&2 sales lot2; does lot 1 get to continue to use that section of the common easement if there is no longer a need for lot one to... Read more »
If the easement is written and recorded, yes. A recorded easement can only be extinguished by another recording, or by strict proof of "abandonment" (the reverse of adverse possession or use). Necessity is not a factor.
But, if the easement is one of implication or necessity... Read more »
I am trying to look for a home in Howard County Hanover MD. Only one house in the community has a larger deck while the rest are of same size. The seller says it was built prior to HOA rules being formed and its the only home with larger deck. Will one home be allowed to have a larger deck like... Read more »
Check with the HOA. As part of most home sales in such communities, the HOA issues a certification prior to closing that states whether there are existing violations of the covenants for the subject property. Don't accept the seller's representations. Of course you can sue, later, if they... Read more »
How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?
There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »
Can You File A Quitclaim Deed Maryland Regarding Adverse Possession MD Cts & Jud Pro Code § 5-103 (2019)
Adverse Possession is a cause of action. To obtain title the claim must be asserted in court, and granted by a judge. If you choose to file a deed on your own (I don't know who you'd describe as the "grantor") you risk being sued or slander of title by the true owner.... Read more »
I am representing a purchaser of a custom to be built home. The lot is within a 50 year old community called Montpelier in Laurel MD 20707. All of the houses with the exception of this one lot was built in the 60's . The association is Montpelier Community Association. They have an... Read more »
Your questions says you are "developer," but that you "represent the owner." Regardless, you have a political and legal problem. If you can't negotiate your way through a community organization staffed by non-professionals, you have the legal option of seeking a declaratory... Read more »
Is The Law Of Adverse Possession (clearly established law) And And How Do The Police Determine Adverse Possession From Anything Else?
Adverse possession is a civil legal concept. In Maryland, it is an inchoate claim that must be brought in court. Once all elements are proven, a court may grant possession and authorize recording of an instrument that includes the possessed property.
The police have absolutely zero to do... Read more »
We and three other families intend to sell our homes when our kids go to college and build one large custom home on acreage. Should we form some manner of legal entity to pool our money and deal with the builder, etc.?
Some families set up a limited liability company to manage family vacation homes. With the appropriate operating agreement that defines everyone's financial responsibilities, and which defines who is responsible for repairs, taxes, insurance, etc., it can work. But be clear, what you are... Read more »
There was no agreement in writing when we bought the home on who pays what. He is keeping the home and wants me to sign off.
This is such a common issue. When love fails, it often leaves a forced business partnership that must be terminated.
If you are on title, you are a co-owner. If you were unmarried, it is possible that the deed designates what percentage of ownership you were granted, if not 50%.... Read more »
I want to ensure that I am following all laws and legal requirements. In order to ensure that I won't be liable for anything.
Not to be too glib, but you should add all the laws and legal requirements for your particular type of transaction, and the requirements you seek to enforce or avoid. It has taken me 32 years to do it correctly. You should consider finding someone in you County with similar qualifications.
I am purchasing a renovated,previously vacant home in Bmore. The home was previously purchased by the Mayor and city via condemn- immed. Title and posses., then purchased by and investor who renovated it. My title company told me that I need to redeem a ground rent that was on a deed from 1967... Read more »
Your confusion is understandable. Many don't apprehend that a leasehold property has TWO chains of title. One for the leasehold (what you purchased), and another for the reversionary interest (what you ground rent landlords own).
Non-registration doesn't strip the ground rent... Read more »
I Have No Water And The Owner's Water Is Cut Off Long Sense And $6000 Pass Due I Contacted The City Regarding But Never
A Answer It Regarded Having The Water Bill Put In The Title Name Or My Name Regarding Adverse Possession And And That I Was The Adverse Possesser.
The solution to your issue depends on your status as an occupier of the land. How did you enter the property? Are you a tenant with a lease? One without a lease? Did the owner invite you? Did you enter via trespass? What is your relation to the owner?
How the water bill is titled is an... Read more »
My friend put in an offer on a house more than 60 days ago. When they asked the seller about it (seller became elusive) they came back and said they want to wait and see if more offers come in first. Is this allowed?
It is up to the offeror to put a time limit on the offer. A letter, now, giving a deadline or withdrawing the offer will work.
it says: " Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is... Read more »
The commercial practice of the banking community is often out of step with what the Legislature has ordered by statute. The Maryland landlord must abide the written statute. Every once in awhile, the tenants catch a break.
And No Vacant Notice / Notice To Pickup Mail From The Post Office. I Had The The Addresses Verified By The Post Office. And 4 Time Within A Year I Reported That It Was Not Vacant And Non Of The Addresses There Of The Mail Will Begin And My Packages Will Come Then Vacant Return To Sender Again. The... Read more »
Your question lacks basic facts. Unless you have a court order granting you a deed on the basis of "adverse Possession," you remain a trespasser. You have to go to court and prove the adverse possession claim.
A Owner Break Into A Building That I Adverse Possession And Changed The Locks. And A Time A Renter Of A Bissnesses On The Land Of The Same Campus Broke Into The Same Building On The Land And Stole The Water Heater Turned Off The Water/ And Close The Building Up. Also What Are The Owns Rights... Read more »
Same response as before- Unless you have a court order granting ownership and a deed based on adverse possession, you remain a mere trespasser who may have a claim of adverse possession.
In Maryland, a claim for adverse possession must be proven, in an evidentiary hearing. It is not automatic.
We plan to require the related board member to recuse themselves from any nominations, voting or appeals of the family member's committee.
Yes, unless restricted by the HOA by-laws. The by-laws often have restrictions on who may vote, based on household members. Service as a committeeman is not likely so restricted.
Of course, you folks can do what is appropriate under the circumstances.
The answer will be discerned from the brokerage/agency agreement, the settlement sheet, and your written communications. If the broker's agreement calls for $X, but the disbursement out of settlement was less than $X, then you might owe he delta.
That is just the beginning of the... Read more »
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