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

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.

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Real Estate Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.