Washington, DC asked in Criminal Law and Real Estate Law for Maryland

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 Possession MD Cts & Jud Pro Code § 5-103 (2019)



Sold/ Transfer On 06/15/2020

Property held by the federal government, a state, or a MUNICIPAL CORPORATION cannot be taken by adverse possession. As long as the property has a public use, as with a highway or school property, its ownership cannot be lost through adverse possession.

Limits on Adverse Possession

Adverse possession is not available in all situations. For example, title to government-owned land may not be obtained by adverse possession.

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

A: Government land isn’t subject to adverse possession.

Thomas C. Valkenet agrees with this answer

Thomas C. Valkenet
Thomas C. Valkenet
  • Baltimore, MD
  • Licensed in Maryland

A: 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, far from adequate to prosecute a claim.

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