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Maryland Land Use & Zoning Questions & Answers

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 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 abandoned, then... 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 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 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 Consumer... 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 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 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 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 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 appropriate... 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 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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