Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2020

Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

It sounds as though you have a "prescriptive easement" based on continuous uninterrupted use, openly and notoriously, for more than 20 years. Alternatively, you may have a right to an easement by necessity, if there is no other way to access the rear of your property (although you could... View More

1. Get a survey.

2. Send him a No Trespass letter to get off your land.

3. Hire a lawyer to get him off your land.

Or,

1. Wait the time in the statute of limitations for adverse possession while doing nothing.

2. Pay a lawyer a ton of money to defend his... View More

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,... View More

Eminent domain is subject to the requirements of local statutes and ordinances that provide the payment formula. There are appraisers that deal with condemnation appraisals. And if you and the condemning authority cannot agree, you can take a case to trial in a circuit court where a jury will set... View More

You have the concept reversed. Eminent domain is the right of the sovereign to take private land after paying reasonable compensation. It is limited to legitimate public purposes. You can’t exercise eminent domain unless you are a government.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2020

Unless you are a governmental agency you do not have the authority to file an eminent domain action. If you want to challenge an existing eminent domain action against your property you would file your challenge in the same court where the case was started.

To the question "How can I find out who legal owner of [a particular road or property] is?" A survey and/or a title search can usually answer the question. A title search goes through the land records and can reveal whether someone lawfully owns X sq. feet of land or show whether or... View More

A corporation is like a separate person. The fact that you have rights in the person does not give you rights in its property. Those rights are defined by corporate law, the articles of incorporation, the bylaws, and any applicable contracts

I just assume you haven't bothered reading your HOA regulations and Covenants and Bylaws, if any. Why don't you start there.

Unless your business is a separate entity--like a corporation or LLC--and is on the written lease as a tenant the landlord cannot go after the business. However, if your business is merely a sole proprietorship (not incorporated) the business might be liable. In either event, do not raise issues... View More

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... View More

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... View More

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... View More

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... View More

Give written notice to get off property or deemed trespassing, give a deadline, then call police.

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.

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... View More

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.

No.