Hyattsville, MD asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland

Q: Adverse Possession Can You Adverse Possession Two Campuses And And The Whole Two Campuses With Different Buildings.

And And Can The Land Be Just Adverse Possession Regardless Of The Buildings Of The Two Campuses.

2 Lawyer Answers

A: By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there with the permission of the title owner. Your possession is neither adverse nor hostile, and your tenure is likely to be discontinuous over the statutory period of time. As such, there is never an adverse possession. However, the broader use of the word “campus” might theoretically be problematic for the title owners. That is what there are brass plaques at the entrance to Rockefeller Center in NYC inviting all visitors to enjoy the square. As long as it isn’t adverse, it can’t be adverse possession. Now, if you fence the campuses, tell the university to move to Poughkeepsie, and start grazing your cows there, the clock for getting adverse possession ... and arrested... probably begins.

A: The question is pretty vague. But the crux of the biscuit is this: An adverse user is entitled to claim only to the extent of his use and possession, and no more. What I gather from your question is an eye toward land owned by a governmental entity. In that case, you may not adversely possess against the sovereign. But that may just be me importing meaning into your words.

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