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Maryland Environmental Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Environmental for Maryland on
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell

The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2022

I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health.

Second, call your homeowner's insurance company and...
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1 Answer | Asked in Environmental and Landlord - Tenant for Maryland on
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.

We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 5, 2022

As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point... Read more »

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Environmental for Maryland on
Q: What about my 4th and 5th amendment when the DNR and Coast guard stop you and perform a unwanted search of your vessel
Tim Akpinar
Tim Akpinar answered on Jul 5, 2021

The standard on the water is a different one than applied on the nation's roadways with motor vehicles in terms of constitutional law elements. The U.S. Coast Guard has broad powers to board vessels. Good luck

Tim Akpinar

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1 Answer | Asked in Real Estate Law and Environmental for Maryland on
Q: I cut my neighbor's tree in his backyard close to my property, without the Montgomery county (MD) permit?

the neighbor gave me a verbal authorization to cut the tree. Can the county fine me for cutting the tree without a permit?

Mark Oakley
Mark Oakley answered on Apr 15, 2021

Permits are only required for removal of trees in a county right-of-way or in a designated forest conservation area. Trimming trees wholly within the yard of a private property owner does not require a permit.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Maryland on
Q: Is It Illegal Not To Have Water From The City Regarding Adverse Possession And Is It By The Owner Or The Adverse Possess

I Have No Water And The Owner's Water Is Cut Off Long Sense And $6000 Pass Due I Contacted The City Regarding But Never

A Answer It Regarded Having The Water Bill Put In The Title Name Or My Name Regarding Adverse Possession And And That I Was The Adverse Possesser.

Thomas C. Valkenet
Thomas C. Valkenet answered on Jan 7, 2021

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?

How the water bill is titled is an...
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1 Answer | Asked in Environmental for Maryland on
Q: Can You Quit Title By Adverse Possession With Out The 20 Year Statute Or Early Like After 2years Base On The Environment

Environment Nature Or Circumstances Regarding The Title Ouner/ Ouners And Like Fines / Liens.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

No, the time period for quieting title by adverse possession is set by statute. Environment has no bearing on the statutory time period.

The question about liens is unclear. Lienholders who have not been paid can usually foreclose on the property. You may wish to consult with a lawyer.

1 Answer | Asked in Environmental for Maryland on
Q: Is the structure of this gifting savings plan (sou sou) legal?

Week 1: Gift $500 to the group (not the person who shared it with you)

Week 2: Share with two others who do the same

Week 3: Do nothing

Week 4: Receive a gift of $4000 from the group

Mark Oakley
Mark Oakley answered on Jun 24, 2020

No, it is a classic Ponzi scheme, which is illegal in most if not all states, certainly in Maryland.

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 Personal Injury, Environmental, Internet Law and Mergers & Acquisitions for Maryland on
Q: I have been traumatized due to a situation where my spouse and I hippa rights have been violated by the news station .

We have a big lawsuit that needs to be resolved sooner than later I have contacted a lawyer but she is way to expensive. She said I have a very big lawsuit and definitely been traumatized . this is something that will follow our life living here in our town. We only want justice and to live without... Read more »

Joseph D. Allen
Joseph D. Allen answered on Oct 18, 2019

There is no private cause of action for a HIPAA violation- in other words, an individual may not sue for damages based solely on such a violation. However, the Maryland Confidentiality of Medical Records Act does allow a person to sue for recovery of actual damages. It is possible that the same... Read more »

2 Answers | Asked in Environmental and Real Estate Law for Maryland on
Q: Is there a difference between water quality inspection and a well inspection?

Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop

Richard Sternberg
Richard Sternberg answered on Jun 14, 2019

When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".

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1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on
Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...


Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 19, 2018

An attorney cannot assess the Seller's obligation without looking at the Contract.

That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is...
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