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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 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 »
Can I File Criminal And Civil Charges Against The Owner Of The Land/Building I Adverse Possess. I Changed All The Locks And Put A New Chain And Lock On The Gate. But The Owner Keeps Breaking In And Changing The Locks. That Is A Hate Crime Based On (Law!) ? And .... ....
You have got to be kidding, right? First, a hate crime involves "race, color, religious beliefs, sexual orientation, or national origin," and you mentioned none of the above. Second, if you are breaking and entering on the property of another, it is you who is: "damag[ing] the real...Read more »
The solution to your issue depends on your status as an occupier of the land. How did you enter the property? Are you a tenant with a lease? One without a lease? Did the owner invite you? Did you enter via trespass? What is your relation to the owner?
Sold the property in late October this year not once over that time did he ask me about it or let me know I had a time frame to get it cleared out I wrote him a week or 2 ago and asked about getting my moms stuff he said it’s gone it went with the house sorry ! I was like why didn’t you let me... Read more »
Your mom passed in 2015, and you never once in 5 years asked about her belongings? The house only sold this past October? I think any court would find you waited too long to assert your rights, and the property left in the house was abandoned. An estate should have been opened for your mother,...Read more »
A Owner Break Into A Building That I Adverse Possession And Changed The Locks. And A Time A Renter Of A Bissnesses On The Land Of The Same Campus Broke Into The Same Building On The Land And Stole The Water Heater Turned Off The Water/ And Close The Building Up. Also What Are The Owns Rights... Read more »
I'm sorry. This question makes no sense at all. You need to retain someone to help you write a question. I do not understand how the concept of a work permit interconnects with the concept of adverse possession. You need a work permit to perform certain types of work on real estate, and you...Read more »
By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there...Read more »
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