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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. And And By What Other Grounds Can They Ejectment.... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... Read more »

1 Answer | Asked in Real Estate Law and Business Law for Maryland on
Q: § 17-517. Office. What constitutes an "office" for the purposes of this statute?
Mark Oakley
Mark Oakley answered on Jan 21, 2022

When citing to a title and section number of the Maryland Code, you need to specify which named Article you are referring to. There may be multiple §17-517s throughout the Maryland Code. Because you identified real estate as a practice area, perhaps you are referring to Business Occupations and... Read more »

0 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Maryland on
Q: Can the PR of my mothers estate allow someone I object to to move in and collect rent?

My sister is the PR of the estate, I have a friend who is interested in renting out a room but my sister only wants my brother to rent it, I don’t feel comfortable with that Decision as I’m living in the house and he has anger and alcoholic issues and I’m concerned about my well-being can she... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Maryland on
Q: I inherited a house that I lived in with my mom for 30 years it’s not been transferred to myself and sister yet

She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... Read more »

Shaneka Johnson
Shaneka Johnson answered on Jan 13, 2022

The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Sister & I inherited real property in MD 50/50. Can I relinquish my 50% to sister w/out filing a deed?

My sister is executor. Currently in probate with Will. I want to relinquish any/all right in favor of sister (in gratitude for mother's care, and I want avoid any responsibility for this property). What is required: Deed to be recorded; gift my 50% to her (OUCH gift tax); notarized... Read more »

Mark Oakley
Mark Oakley answered on Jan 3, 2022

Heirs to an estate can, by mutual agreement, settle property distributions under the Will, even if the settlement changes what each heir is supposed to receive under the Will. A lawyer can help you work this out. It is not difficult.

1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Q: I own over 3 properties and I'm not able to file my claim against the guaranty fund for a bad contractor. Any advice?

I was working with the Maryland investigator regarding a contractor using someone else's license. He was paid by me. In September 2020 the case was concluded in the District Court of MD and I was giving the approval to file against the guaranty fund. The MD investigator told me she would help... Read more »

Mark Oakley
Mark Oakley answered on Dec 14, 2021

The Home Improvement Act is a regulatory statutory scheme for the benefit of protecting consumers, and the Guaranty Fund is established to provide a certain amount (up to $20,000) is available to reimburse a homeoewner for losses sustained at the hands of an unlicensed contractor or unworkmanlike... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: In Real Estate law, is the Settlement Company liable for damages as a result of recording errors?

The Settlement Company at closing for an investment property erroneously recorded the owner's residential mailing address with the Department of Assessments and Taxation. All correspondence mailed to the owner was undeliverable and returned to the sender with no forwarding. Notices of... Read more »

Daniel Staeven
Daniel Staeven answered on Dec 10, 2021

You may have a claim that is actionable. The problem, however, is that you may not be able to prove your case without investing substantially more than you lost for attorneys fees, court costs, discovery costs, and associated other costs.

I suggest going to the settlement company directly...
Read more »

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2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
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... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 28, 2021

Government land isn’t subject to adverse possession.

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1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Do You Have To Have A Claim Of Right Notarized In Maryland

Do You Have To Have A Clim Of Right Notarized In Maryland

Mark Oakley
Mark Oakley answered on Nov 26, 2021

The only "claim of right" I am aware of as far as that specific phrase goes has to do with income taxes. Maryland has issued an administrative release that details the process. Here is the link:... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Hello, Home sold next door and new owner obtained survey. Property line is not what I believed.

I am original owner of my home. Have been maintaining mowing, landscaping etc. for 23+ years. What are my options ?

Richard Sternberg
Richard Sternberg answered on Nov 20, 2021

The answer will depend on whether your possession was open, adverse, continuous, and hostile for the right number of those 23 years. Mowing someone else’s lawn isn’t very hostile, but fencing it certainly might be. I suggest you get a consult with a real estate lawyer to review the facts.

1 Answer | Asked in Insurance Defense, Employment Law and Real Estate Law for Maryland on
Q: My car was broken into in front of my employer property while i was at work. Can i sue to force their insurance to pay?

My car was parked on the street, directly across from the University of Maryland capital region hospital in Largo, MD. I was on orientation and told to find a park on premises until i was given access to the lot. The thief stole over 3k worth of stuff that i had in two bags. The big ticket items... Read more »

Mark Oakley
Mark Oakley answered on Nov 19, 2021

File your claim under your comprehensive auto insurance coverage, which covers such things as losses resulting from criminal acts. You're wasting your time trying to prove liability against the owner of the location where your car was parked. They owe you no special duty to prevent criminals... Read more »

2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration

I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration The Motion Says Not Ruled On Judgment In Favor Of Plaintiff The Motion Of Reconsideration Say No Legal Bases Gavin For The Motion Of Reconsideration .... Of Both Motions I Put (MD Cts & Jud Pro Code § 5-103 (2019)... Read more »

Daniel Staeven
Daniel Staeven answered on Nov 17, 2021

While you may have cited the correct code section dealing with reconsideration motions, the Judge does not have to find for you just because of that code section cite. You must provide a legal basis with additional facts to show the judge that the initial ruling was wrong.

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2 Answers | Asked in Real Estate Law and Criminal Law for Maryland on
Q: adverse possession when the owner takes back land in the same manner as the adverse possessor.

adverse possession when the owner takes back land in the same manner as the adverse possessor.that regards squatting or or squatting (no claim of right).

Richard Sternberg
Richard Sternberg answered on Nov 14, 2021

Adverse possession is a defense. It is not a claim. I have used it before by flipping claims and defenses using techniques like a petition to quiet title or a complaint for declaratory judgment, but it is generally a defense that gets asserted to block a summary dispossession. In other words, it... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Hi. In 2017, I did a ch 7 bankruptcy. I have a condo that I live in still pay each month.

I was told by PHH back then, that I would only have to pay off the new prin. Balance to own the home or$65k. Today, my account says there is a payoff of $188k or 1 & 2 prin Balance as payoff. I'm confused and want to know if I can refinance would it be only the $65k? I have a Screenshot.... Read more »

Timothy Denison
Timothy Denison answered on Nov 11, 2021

You need to hire a bankruptcy attorney near you to review your case and documents. It is very difficult to give good advice without seeing the bankruptcy file and the pleadingstherein.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Does a given property have the rights to remove a boundary fence at one end of his property to gain access to the r/w?

If a section of a common right of way is designated for the use and benefit of one property (B), can property (A) gain access to the common right of way from the far side of his property where it is designated for the use of property (B), just because it adjoins his property along the boundary? A... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Nov 11, 2021

If I understand your question, A owns the land over which an easement exists for the benefit of B. A has removed a fence marking the easement. If that is the fact pattern, then A has rights to access her own land. A is obligated not to interfere with B's reasonable use of the easement. The... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: How do I set up an LLC with rental property?
Shaneka Johnson
Shaneka Johnson answered on Oct 18, 2021

An LLC established for real property ownership is no different than an LLC formed for conducting another form of business. You will need to file articles of organization. Secure an Employer Identification Number (EIN) and Maryland Tax ID Number (if your LLC is formed in Maryland). Post formation,... Read more »

1 Answer | Asked in Probate and Real Estate Law for Maryland on
Q: Can mortgage company foreclose on a home owned solely by my brother whose estate is in probate?

Brother died intestate on 8/13/2021. Probate court date is 27 October, at which time personal representative will be selected. Creditors will have 6 months to come forward. House is major asset and there are insufficient cash funds in the estate at present to pay mortgage payments. Equity in... Read more »

Mark Oakley
Mark Oakley answered on Oct 16, 2021

No chance the mortgage company can foreclose and sell that fast. It takes at least 90 days of no mortgage payments to trigger the foreclosure notices, and if the PR communicates to the mortgage company the death of the borrower and that an estate is open and the house will be sold, then they will... Read more »

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