Maryland Land Use & Zoning Questions & Answers

Q: what is the proper written code for a quit claim deed from father to daughter for tax exemptions

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article, Section 13-207, and the provision having to do with exempt transfers between a parent and a child is found in Section 12-108(c)--but the latter exemption only applies to the portion of any principal...

Q: If someone park their car in front of ur house what can I do the car been their for three days

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Aug 28, 2018
Mark Oakley's answer
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 you can report the vehicle to police.

Q: I live in Baltimore a neighbors Ivy had damaged windows and is growing onto my deck can I have them remove it

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Maryland on
Answered on Aug 15, 2018
Richard Sternberg's answer
First, you can cut the ivy right back to the property line, and cut it back any time it is on your property even if the effect of that is to kill the vine. You may also be able to poison it on your property even if the vine carries that poison back to the roots and kills the plant. If you can find such a poison for that ivy, you can tell your neighbor that you will use it unless he gets his plant off your land.

Your best argument to make it your neighbor’s responsibility is to show...

Q: Are remedies available for home owner to stop storm drainage from grading of property for new construction?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Answered on Jun 30, 2018
Richard Sternberg's answer
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 developer, then you have their answer on whether they are going to help you. This is not uncommon in development law. Often, developers have lobbied the county officials well and feel protected by the...

Q: can we have our $10k lot premium fee refunded?

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on
Answered on Mar 19, 2018
Richard Sternberg's answer
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 Protection Act. In Maryland, you potentially get damages and attorneys fees. In Virginia, it is much more likely to get treble damages, as well. You should set up a consult with a real estate lawyer...

Q: We settled on the sale of my moms house on 1/2/18. Signed all docs, collected funds and thought that was it.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Maryland on
Answered on Mar 9, 2018
Mark Oakley's answer
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 the purchase or demand that you reimburse them for having to pay the tax lien. The buyers also have recourse against their title insurer who wrote the title insurance police, which is on the hook to...

Q: Mobile home parked on private property without permission refuses to move

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Mar 4, 2018
Mark Oakley's answer
Give written notice to get off property or deemed trespassing, give a deadline, then call police.

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.

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Jan 29, 2018
Cedulie Renee Laumann's answer
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.

Q: Hello, I have a neighbor that hasn't lived in her home turnover 10 years, it is falling apart and houses poisonous snake

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Answered on Dec 11, 2017
Cedulie Renee Laumann's answer
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 governmental office.

One cannot get ownership of someone else's property, whether occupied or vacant, without some kind of legal entitlement. Simply mowing the lawn for 3 years would not meet...

Q: I Have a Property and The Neighbor Trees are Hanging All Over My Side, Driveway, Roof. window,etc. What can i do??

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Answered on Dec 26, 2016
Thomas C. Valkenet's answer
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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