Neighbor 1 has claimed possession of a community beach access pathway to the Chesapeake Bay .A 1923 deed conveyed right of access to the community. This right of access was confirmed in a 1935 court case ruling and also stated in a 1955 deed for the property in question. All subsequent deeds... Read more »
answered on Jul 24, 2022
You do not disclose whether you are 1, 2, 3 or perhaps an undisclosed 4. An academic response would require any lawyer to review the past title chain, the case law you reference, and perhaps inspect the conditions on the ground. You also mention at least one live lawsuit arising from the facts.... Read more »
it’s illegal to park on the sidewalk where is facing her home ? i’m not blocking her driveway at all
answered on Jul 11, 2022
If you are parked legally on a public and private road without deeded, designated, or assigned spaces, then you are permitted to park there. However, you may decide not to park there to keep the peace with your neighbor.
The county does not have an actual plat map or site plan for the property. The fence was in place when we purchased the home and assumed to be proper property line.
answered on May 4, 2022
(1) Hire a licensed land surveyor and get a definitive determination of your property boundarie. If that shows the fence and hvac are on your land, provide your neighbor with a copy and make it clear the matter is settled as far as you are concerned.
(2) If the survey shows the fence and... Read more »
answered on Mar 25, 2022
Zoning codes are local, meaning they are specific to each political subdivision (county, incorporated city or towm). They are not state wide. Running a bingo event is not necessarily a zoning matter (it may be if you are going to run it as a business or recurring regular event). Bingo generally... Read more »
can an adverse possessor evict the a land owner....
MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).
answered on Jan 27, 2022
To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... Read more »
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. If It Is Before The 20 Year Time Period Can The... Read more »
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 »
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 »
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 »
I posted this question last week and received one very eloquent response as to the wisdom of forming an HOA so as to enforce covenants BUT, at the end of the day, I did not receive a straight up "yes" or "no" answer to my question which again is: "does the state of Maryland... Read more »
answered on Oct 12, 2021
Yes. The phrase "in place" means properly organized, and in good standing with the State of Maryland. There are instances where an HOA described in recorded declarations has been allowed to lapse, or is no longer functioning. There are reported appellate court decisions describing what... Read more »
Our community (13 houses on 75 acres) was established ca 1985 and the developer established and controlled the covenants, this until January 1, 2010. After that, these covenants revert to the lot holders (13 homeowners). As the document reads, these are currently enforceable by each lot owner BUT... Read more »
answered on Oct 11, 2021
If the covenants cover aesthetic issues like the type and color of roofs, whether windows are allowed on car garage doors, the type, location and set-back requirements (or prohibition) of sheds, sunrooms, fencing (including limits on type of fencing materials), location and type of shrubs, parking... Read more »
answered on Sep 29, 2021
If it is the type of commercial vehicle prohibited under the Code, then no, the prohibition reaches to all property within the residential zoned area. It does not matter that the vehicle is on privately owned property.
MD Transportaion Code, Section 21-1010 - Parking commercial vehicles... Read more »
A neighbor’s sewer line run across our property. They had a clog and asked for permission to dig / fix via our front yard since that’s where the plumber says the clog is at. Being neighborly, we gave permission (plumbers dug a hole way larger than we expected) . And Now they want to install a... Read more »
answered on Sep 25, 2021
The investigation starts with a title search and survey to know with more certainty than "we are not aware" whether there are easements recorded. There are then some very limited rights that sometimes resolve by necessity, but the caselaw on that is very fact specific. You need to review... Read more »
I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering... Read more »
answered on Sep 9, 2021
Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and... Read more »
answered on Jul 31, 2021
You might check with both the surveyor, the land records office in the circuit court, or the police. Removal of a surveyor's stake is often a criminal act, though removal is often overlooked if it was out of ignorance, and the surveyor might return, re-place the stake, and send the bill to the... Read more »
I am representing a purchaser of a custom to be built home. The lot is within a 50 year old community called Montpelier in Laurel MD 20707. All of the houses with the exception of this one lot was built in the 60's . The association is Montpelier Community Association. They have an... Read more »
answered on Jul 30, 2021
Your questions says you are "developer," but that you "represent the owner." Regardless, you have a political and legal problem. If you can't negotiate your way through a community organization staffed by non-professionals, you have the legal option of seeking a declaratory... Read more »
Your statement: The Law does not stand anywhere. Et tu quo que.
Your view of the Law depends upon where you stand; and where you stand depends upon the Laws view of you.
answered on Jun 19, 2021
The law’s view of condo governance is that the condo documents control, except where they don’t. There is no statute on BBQ on the balcony unless it violates fire code, but the condo association MIGHT be able to regulate it… if they did it correctly… which they often don’t.
I bought the house from the ex-wife; the ex-husband apparently owned the two small barns on the small adjoining lot; with shared utilities from the house. I've been told by a realtor that the small lots cannot be separated from the main property in this way by the previous owner divorcees. I... Read more »
answered on Jun 19, 2021
The law doesn’t “stand” anywhere. Your presumably discount purchase and closing resolves who owns what. Get a lawyer to read and interpret your deed and then look to the title insurance to defend your deed. If you have neither a recorded deed nor title insurance, your payment of taxes is... Read more »
Can Adverse Possession Be Granted By The Clam Of Right And And The Adverse Clam Statement. ( Non Non Eminent Non Non Preeminent ) ( Non Eminent Non Preeminent )
answered on Jun 2, 2021
Your word salad needs a light vinaigrette, because it’s got no relationship to law. Adverse possession has five elements. You haven’t named any of them. There are no clams involved unless you are serving clam chowder or a po’ boy, and I’m guessing it’ll be the latter.
My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?
answered on May 27, 2021
I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »
alabama and i live in md she did not have a will.
answered on Feb 23, 2021
You need an Alabama estate lawyer. The requirements for a non-resident executor of an estate usually involves appointment of a person in Alabama to act as resident agent for the executor for service of legal papers. Because the estate involves real estate, and you cannot easily travel to Alabama... Read more »
I like things the way they are, and can afford to pay for a new well myself should I ever need it.
answered on Feb 6, 2021
I know of no way to generalize to give you decent advice without reviewing the survey, running a title search for easements, and understanding exactly what the developer wants and needs. Generally, however, you do not need to agree with anything on your land unless your neighbor has an easement to... Read more »
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