Ephrata, PA asked in Real Estate Law and Land Use & Zoning for Maryland

Q: Hello, I have a neighbor that hasn't lived in her home turnover 10 years, it is falling apart and houses poisonous snake

And animals, I have been mowing the lawn for 3 years any way to take ownership of the home or have it deemed condemned or abandoned?

2 Lawyer Answers
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Real Estate Law Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: If a home is "falling apart" and housing animals or conditions hazardous to health, a neighbor can contact the local health department and ask them to investigate code violations. A private citizen does not have the power to condemn a property but they can file a complaint with the appropriate governmental office.

One cannot get ownership of someone else's property, whether occupied or vacant, without some kind of legal entitlement. Simply mowing the lawn for 3 years would not meet the minimum requirements for adverse possession. It may be, however, that the record owners (or estate of the record owners) of a long-abandoned property would consider selling. Perhaps the current owner has faithfully paid their property taxes or perhaps they have not - if they have moved away and stopped paying taxes it may be that the property will go up for tax sale. Notices of tax sale will be advertised each year.

Richard Sternberg
Richard Sternberg
Answered
  • Real Estate Law Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: I cannot determine whether the property in question is in Ephrata, PA or someplace in Maryland, but most counties have a government agency, often named the Department of Housing or Consumer Affairs. Many jurisdictions have implemented the 311 telephone code to route citizen requests to the correct agency. You might complain to one of them. If you stopped mowing the lawn, they might come to you. If there is no 311 in your town, you might try a visit to town hall or the police department.

As to becoming the owner of the property because you mow the lawn, that is going to be a tough one. It is nothing like adverse possession, and even if you could claim some quantum meruit for maintaining the property without a contract to do so, no amount of mowing buys a house. But, if you know where you can find the owner, you might try a low-ball offer to buy the place and then get a bank to fund it. With a little legal advice and some building wisdom, you could make some serious money that way.

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