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)
(STATE OF MARYLAND TO THE USE OF
THE UNIVERSITY SYSTEM OF MARYLAND)
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.
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.
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.
