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Maryland Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: real estate question

a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 17, 2023

The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: If land is considered farm land and a portion is wanted to place a home on does the land need to be surveyed?

How does the land go from being taxed as farm land to residential taxes?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 15, 2023

In what State and County? Your question deals with issues of local subdivision rules, State taxation rules, and local zoning laws. The act of surveying land is performed in service to issues raised by any one or all of these bodies of law. All good questions, but ones best asked while sitting... View More

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1 Answer | Asked in Civil Rights, Land Use & Zoning, Landlord - Tenant and Municipal Law for Maryland on
Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?

My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually... View More

Shaneka Johnson
Shaneka Johnson
answered on Jun 22, 2023

Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: We have odd neighbours that walk and drive on a shared easement through our backyard many times a day. What can we do?

Hi we live on a plot with several acres of land. However an easement was created on our land back in the 1960’s as a back access to our neighbors plot. Before either house was built. Decided between friends I believe. This easement unfortunately runs through our backyard and close to our house,... View More

Mark Oakley
Mark Oakley
answered on Jun 17, 2023

You will need to do some more research or provide more facts, preferably in private with counsel. (1) How is the easement worded and recorded in the land records? (2) What was the actual purpose or circumstances under which the easement was first created--i.e., was it created "by... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Mark Oakley
Mark Oakley
answered on May 29, 2023

Unfortunately, I didn’t see anything in the Harford County Code that would help you. It’s a public street. You do not own the right to restrict use of the roadway in front of your home. As mentioned, you might organize an HOA or civic association for your neighborhood and lobby to have... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... View More

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbors are parked in a driveway not belonging to them.

They live at 1342 and parked in the driveway of 1351

Mark Oakley
Mark Oakley
answered on Dec 26, 2022

If they are parking in your driveway without permission, go ask them to move their car or have them towed. If it’s not your driveway, it’s none of your concern. Plus, how do you know they don’t have permission to park there from the owner?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Can a neighbor claim possession of a community beach access pathway to the Chesapeake Bay?

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
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.... View More

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: hello! is it illegal to…< i currently had just experienced my neighbor complaining of me parking in front of her home.>

it’s illegal to park on the sidewalk where is facing her home ? i’m not blocking her driveway at all

Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbor is claiming that my fence and HVAC air handlers are on her property. Fence was installed over 20 years ago

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.

Mark Oakley
Mark Oakley
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...
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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: What type of zoning is required in md to host a bingo event
Mark Oakley
Mark Oakley
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... View More

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

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).

Richard Sternberg
Richard Sternberg
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.... View More

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1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

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... View More

Richard Sternberg
Richard Sternberg
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,... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Does a given property have the rights to remove a boundary fence at one end of his property to gain access to the r/w?

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
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... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Still waiting: Does the State of Maryland require [by law] that an HOA be formed to enforce covenants?

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... View More

Thomas C. Valkenet
Thomas C. Valkenet
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... View More

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: In the state of Maryland do existing covenants (came attached to the land plat) require the formation of an HOA?

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... View More

Mark Oakley
Mark Oakley
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... View More

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Can I park my commercial vehicle on the side of my house in pg County
Mark Oakley
Mark Oakley
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...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Maryland Montgomery County, real estate question on sewer easement.

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... View More

Richard Sternberg
Richard Sternberg
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... View More

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