Baltimore, MD asked in Criminal Law and Real Estate Law for Maryland

Q: I'm Adverse Possess A Building The Owner Broke In And Three Outher Who Are Workers With Him And Stole Things

I Needed Regarding The Adverse Possession (No Trespassing Signs)/ Heaters 4 Trash Bags Tools And So On. I Called The Police And They Didn't Lock Them Up. And And I Went To The Police Commissioner And And They Declined My Application Of Statement Of Charges.With The Police Complain Police Complain #. I Been There Two Times Now. I Also Spoke With The Supervisor Two Times Regarding And And They Kept Saying I Can't File Criminal Charges Against The Owner/ Owners And That It Was A Civil Matter. After The Police Left The Owner Also Threaten Me That He Was Going To Keep Breaking In With A Pair Of Bolts Cutters. Can He Do That It Is Both Criminal And Civil?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: Adverse possession is a defense, not a claim. If you have possessed the property openly adversely continuously and hostilely for 20 years in Maryland, the title owner may not maintain an action to eject you. There is no "adverse possessing a building." Until the 20 years passes, you own nothing. There is no criminal complaint against the owner. If the owner files a lawsuit to eject you, you may defend that you have met the five elements. If the property is valuable and you have solid evidence of all five elements, you may be able to file a suit to Quiet Title, and you might even be able to finance that suit by selling the property at the end and giving a large percentage of it to the lawyer as his fee. Until then, it is the property of the title owner, not you. However, if he has ignored your presence long enough that you've established a squatter tenancy, in Maryland, he may need an order of court to evict you, but you will need to pay a lawyer to defend your rights.

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: It appears to me as though you need the guidance of an experienced property rights attorney to accurately, intelligently and knowingly advise you as to the requisites of a viable adverse possession claim.

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