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Maryland Land Use & Zoning Questions & Answers
3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: There is a 10 ft driveway between me and my neighbor but my neighbor he is saying this is his area

In my property on the right side there is a 10 ft driveway and also pipe line at the beginning of this 10 ft area this water pipe belongs to my house and it’s on the survey, but now a days my neighbor is using the area as a parking lot for his cars, when I talked to him he said this 10 ft area... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 29, 2020

1. Get a survey.

2. Send him a No Trespass letter to get off your land.

3. Hire a lawyer to get him off your land.

Or,

1. Wait the time in the statute of limitations for adverse possession while doing nothing.

2. Pay a lawyer a ton of money to defend his...
Read more »

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1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Maryland on
Q: I live in Maryland and have a cement alley that is not maintained by the city. Water leaks into my house; Can I sue?

Hello –

I have water leaking into my city basement home. I have done numerous repairs and attempts to lead the water away from my home but realize that I cannot control this without the city properly maintaining their alley. The cement alley has numerous cracks throughout and has an old... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 12, 2020

You need to start with a title search to determine whether the alley is owned by the city or whether the city merely has an easement to it. You then need to determine who has the duty to maintain, and whether you have the right to make the repair yourself. If the responsibility belongs to the city,... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: Eminent domain What Regards That Government Has To Pay Just Compensation And And You Have To Pay Just compensation

What Regards That You Don't Have To Pay Just Compensation As A LLC / Individual / Private Company Non Profit Company..... As In Thing That Regard Regard Tax Exempt Is It Just As In That Thing That Regard ( Tax Exempt )

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

Eminent domain is subject to the requirements of local statutes and ordinances that provide the payment formula. There are appraisers that deal with condemnation appraisals. And if you and the condemning authority cannot agree, you can take a case to trial in a circuit court where a jury will set... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: Can You File For Eminent Domain Regarding Government Property

Can You File Eminent Domain In Regards Regards Government Property .....( International Law )

Richard Sternberg
Richard Sternberg answered on Apr 8, 2020

You have the concept reversed. Eminent domain is the right of the sovereign to take private land after paying reasonable compensation. It is limited to legitimate public purposes. You can’t exercise eminent domain unless you are a government.

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3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: How Do You File For Eminent domain In Maryland Is It That I Go To The Court Or A Special Place / Online / Dref My Oun.

Regarding Baltimore City and and St Mary's Country

Nina Whitehurst
Nina Whitehurst answered on Apr 8, 2020

Unless you are a governmental agency you do not have the authority to file an eminent domain action. If you want to challenge an existing eminent domain action against your property you would file your challenge in the same court where the case was started.

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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Neighbor claims Right-of-Way, and blocks back yard driveways. How can I find out who legal owner of the road is?

He made another neighbor cut off about a two-foot section of their driveway because it was on his road. He is refusing access to this road. It is classified as a Right-of-way. He says he has a lawyer and is trying to make neighbors sign a form saying they will remove all encroachments and not... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

To the question "How can I find out who legal owner of [a particular road or property] is?" A survey and/or a title search can usually answer the question. A title search goes through the land records and can reveal whether someone lawfully owns X sq. feet of land or show whether or... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Land Use & Zoning for Maryland on
Q: Do shareholders have rights (as a individual would have) on properties owned by the company in Maryland?

For example, a company purchases and owns a 200 acre property, does every shareholder of this company have the right to use the property, just like if an individual owns it? Will they be considered as owners of the land to camp, hunt, fish and other outdoor activities on the land?

It is... Read more »

Richard Sternberg
Richard Sternberg answered on Mar 12, 2020

A corporation is like a separate person. The fact that you have rights in the person does not give you rights in its property. Those rights are defined by corporate law, the articles of incorporation, the bylaws, and any applicable contracts

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Is an AirBNB advertised as a party house legal in a residential townhouse community in Gaithersburg, MD?

Often there a more than 20 people in the house. They violate our parking regulations. Trash our common areas and are disruptive as they come and go any time day or night.

Richard Sternberg
Richard Sternberg answered on Nov 3, 2019

I just assume you haven't bothered reading your HOA regulations and Covenants and Bylaws, if any. Why don't you start there.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Land Use & Zoning for Maryland on
Q: if i have a judgement for leaving a lease early, can they garnish my business accounts or just personal accounts?

I had to leave a lease early for medical and the landlord got a judgement for $10,000. they garnished a personal bank account but did not garnish my business account. I am filing an objection to MD code § 11-504 but am not due why they only tried for personal. an I object to the business... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Unless your business is a separate entity--like a corporation or LLC--and is on the written lease as a tenant the landlord cannot go after the business. However, if your business is merely a sole proprietorship (not incorporated) the business might be liable. In either event, do not raise issues... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: If someone park their car in front of ur house what can I do the car been their for three days
Mark Oakley
Mark Oakley answered on Aug 28, 2018

If it's legally parked on a public street, there's nothing you can do in the absence of a specific local ordinance that prohibits vehicles from remaining in place without moving for a specified period time. If the tags are expired or you have other reason to believe the vehicle is... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Are remedies available for home owner to stop storm drainage from grading of property for new construction?

1. No easement.

2. Grading of property and driveway had permits and construction was accepted.

3. Driveway on new property acts as channel for storm water which the floods adjacent private home.

4. Driveway further extends onto county road and effects a change in grade of... Read more »

Richard Sternberg
Richard Sternberg answered on Jun 30, 2018

Your best approach is probably a lawsuit for nuisance against the developer. It is a complex area of law, and it will require expert testimony and legal fees, but, if you can show actual, pecuniary damages, you will be protecting your property and may get repaid. If the county refuses to cite the... Read more »

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on
Q: can we have our $10k lot premium fee refunded?

we had a home built and moved in 5/4/17. It has been a nightmare! less than 60 days moving in there were two cracks in the exterior foundation and several in the basement floor foundation. where the walls meet to a corner in the house they are are all splitting/ separating and rows of nails... Read more »

Richard Sternberg
Richard Sternberg answered on Mar 19, 2018

You posted this as a Maryland question, but you appear to be from Virginia. I've handled cases of this type in both states, and the remedies are different. Either way, you are looking for a remedy of much more than the $10,000 lot premium if this was a violation of the Maryland or Virginia... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Maryland on
Q: We settled on the sale of my moms house on 1/2/18. Signed all docs, collected funds and thought that was it.

UPDATE IN CAPS! About 4 weeks after the closing the settlement attorney called stating we owed an additional 5% transfer tax totaling $34k related to a rezoning in 1985. We had no idea AND THERE WAS NO WAY OF KNOWING SINCE THERE WAS NO LIEN, NO NOTICE, NO NOTATION OR ANY INDICATION THAT THERE WAS... Read more »

Mark Oakley
Mark Oakley answered on Mar 9, 2018

The tax was imposed against the property in 1985, so you cannot blame the settlement company for the tax. As sellers, it is also your obligation to transfer the property free and clear of all past due taxes and liens, which having failed to do, you are in breach and the buyers can sue to rescind... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Mobile home parked on private property without permission refuses to move
Mark Oakley
Mark Oakley answered on Mar 4, 2018

Give written notice to get off property or deemed trespassing, give a deadline, then call police.

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: If I want to build a shed that I can hang out in but not live in, do I need permits or any other fees or permissions.

Would it make a difference if it's under 200 square feet.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 29, 2018

The rules vary from county to county - the county code will have details on when a building permit is required, or you could call the office of building inspections and permits in the county where your property is located.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Hello, I have a neighbor that hasn't lived in her home turnover 10 years, it is falling apart and houses poisonous snake

And animals, I have been mowing the lawn for 3 years any way to take ownership of the home or have it deemed condemned or abandoned?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 11, 2017

If a home is "falling apart" and housing animals or conditions hazardous to health, a neighbor can contact the local health department and ask them to investigate code violations. A private citizen does not have the power to condemn a property but they can file a complaint with the... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: I Have a Property and The Neighbor Trees are Hanging All Over My Side, Driveway, Roof. window,etc. What can i do??
Thomas C. Valkenet
Thomas C. Valkenet answered on Dec 26, 2016

It is the law of Maryland that you may cut and trim anything hanging over your property line. Anything further will require negotiation with the neighbor, or a court action for nuisance.

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