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Questions Answered by Thomas C. Valkenet
3 Answers | Asked in Real Estate Law for Maryland on
Q: I co own a property with my ex girlfriend (she's on title with me), however, the loan is in my name. Can I sell

We're seperated

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 14, 2022

The prior answers are both correct. You may sell, but the real estate broker you hire will require all co-owners to sign the broker listing agreement. This requires some coordination with your ex. Also, at the settlement table, your ex will have to sign the deed.

With cooperation, this can...
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2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for Maryland on
Q: can homeowner association board of directors restrict individual homeowners from talking with the press/journalists

my homeowner's association (hoa) president and the board of directors (bod) act as if ALL issues - specifically, talking with journalists for a possible light-hearted article that's essentially, an expanded real-estate/house-for-sale feature focusing on our community's positive... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Feb 15, 2022

No, and heck no. Of course, if a homeowner's speech slanders or defames members of the Board, there may be individual consequence. Imagine if the HOA sought, by extension, to limit the speech of a homeowner's real estate agent. It is just silly.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Exectur of the estate keeps taking things from the home and giving them to her family. Can I change the locks
Thomas C. Valkenet
Thomas C. Valkenet
answered on Feb 7, 2022

If the Personal Representative is acting pursuant to Letters of Administration, and you believe they are not acting appropriately, your recourse is a motion to have the PR removed and replaced. If the person has not received formal Letters of Administration, you may open probate yourself and... View More

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

can an adverse possessor evict the a land owner....

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 28, 2022

Adverse possession is a claim, not a basis for eviction. It is only after a judge enters an order declaring that titled ownership is not in the name of the claimant/adverse possessor that one can evict others on the land. There are myriad factors to a successful adverse possession claim. But until... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: Do I Need a lawyer ? to assist in a cash purchase of a condo in ocean city? Or what type of professional could assist

Want to avoid real estate agents, trying to keep costs down

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 26, 2022

If you are purchasing, then your own broker/agent should be compensated out of the overall commission that is paid by the seller. The amount Seller's broker will share is in the MLS listing. As a law firm that also operates a real estate brokerage, we know that a lawyer drafting non-MAR... View More

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2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) Government land

Government land (It Doesn't Have To Be Obvious Of Abandonment) If Government land Was Sold To Another Government Department It Was Obvious Of Abandonment It Was Obvious Of Abandonment Before And And After After It Was Sold/Transfer To The Other Government Department. Can That Land Be Adverse... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 29, 2021

It is first-year property law-- the sovereign cannot lose land to adverse possession. We have successfully demonstrated governmental abandonment in limited cases. This requires a "overt act" of abandonment, which is very fact specific. But the limited facts your question shares are far,... View More

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2 Answers | Asked in Real Estate Law and Criminal Law for Maryland on
Q: adverse possession when the owner takes back land in the same manner as the adverse possessor.

adverse possession when the owner takes back land in the same manner as the adverse possessor.that regards squatting or or squatting (no claim of right).

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 14, 2021

You have not asked a question. As an academic matter, an owner who acquired Blackacre, or a portion thereof, from an adjacent owner could, in turn, lose the same land back to the original owner via adverse possession. It is fact specific, and will likely require a long look back in time,... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Does a given property have the rights to remove a boundary fence at one end of his property to gain access to the r/w?

If a section of a common right of way is designated for the use and benefit of one property (B), can property (A) gain access to the common right of way from the far side of his property where it is designated for the use of property (B), just because it adjoins his property along the boundary? A... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 11, 2021

If I understand your question, A owns the land over which an easement exists for the benefit of B. A has removed a fence marking the easement. If that is the fact pattern, then A has rights to access her own land. A is obligated not to interfere with B's reasonable use of the easement. The... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Still waiting: Does the State of Maryland require [by law] that an HOA be formed to enforce covenants?

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 12, 2021

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... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: I planted trees & built a garden on the strip of land that the original owner of the property next-door told me was mine

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 11, 2021

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... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: What type of legal representation is needed for an inheritance buyout dispute where the home is in MD and I am in GA?

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 5, 2021

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.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: When 2 adjoining lots that has rights to a section of common easement to the second lot; does the 1st lot cont to use ?

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 10, 2021

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...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Deck Size Restrictions in Hanover Maryland (21076)

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 10, 2021

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... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

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?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 9, 2021

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... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can You File A Quitclaim Deed Maryland Regarding Adverse Possession MD Cts & Jud Pro Code § 5-103 (2019)

Can You File A Quitclaim Deed Maryland Regarding Adverse Possession MD Cts & Jud Pro Code § 5-103 (2019)

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 11, 2021

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.... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Maryland on
Q: I am the builder of a new home in Prince Georges County Maryland. I am having a horrible time with an overzealous HOA

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 30, 2021

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... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Is The Law Of Adverse Possession (clearly established law )

Is The Law Of Adverse Possession (clearly established law) And And How Do The Police Determine Adverse Possession From Anything Else?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 22, 2021

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...
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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: What is the best way for four families to build one shared residence?

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.?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 26, 2021

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... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: If I am unmarried and own a house (on title and mortgage) with with my ex-boyfriend am I entitled to half the equity?

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.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Feb 11, 2021

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%....
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4 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What details and clauses should be added in a Real Estate Assignment Contract and Purchase Agreement?

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.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 26, 2021

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.

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