Edgewood, MD asked in Land Use & Zoning and Real Estate Law for Maryland

Q: real estate question

a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have been informed that we are now responsible for tearing down the shed at a cost of $3000. The shed was likely built back in the early 1970's and was a structure on that land at the time of the enacted agreement on June 2002. I reached out to another lawyer that said that adverse possession actually made the shed my fathers, but I have concerns based on the binding terms of the agreement. However, I do not believe we should be liable to pay to remove the structure that was there prior to the agreement.

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

A: The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its terms. That is the nature of a license-- it is temporary. CAVEAT- a lawyer must read the document and determine the actual facts before giving you a binding opinion. Good luck!

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