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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Regarding Adverse Possession The USPS The Mail Men Keeps Returning The Mail To Sender And Regarding That Its Vacant .

And No Vacant Notice / Notice To Pickup Mail From The Post Office. I Had The The Addresses Verified By The Post Office. And 4 Time Within A Year I Reported That It Was Not Vacant And Non Of The Addresses There Of The Mail Will Begin And My Packages Will Come Then Vacant Return To Sender Again. The... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Dec 7, 2020

Your question lacks basic facts. Unless you have a court order granting you a deed on the basis of "adverse Possession," you remain a trespasser. You have to go to court and prove the adverse possession claim.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Maryland on
Q: Adverse Possession Can A Owner Break Into A Building On The Land And Change The Locks If Not What Would Happen Regarding

A Owner Break Into A Building That I Adverse Possession And Changed The Locks. And A Time A Renter Of A Bissnesses On The Land Of The Same Campus Broke Into The Same Building On The Land And Stole The Water Heater Turned Off The Water/ And Close The Building Up. Also What Are The Owns Rights... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Dec 7, 2020

The thrust of this question seems to concern property rights, and I would suggest your reposting it under the heading real estate/real property.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a family member of an HOA Board Member serve on an HOA committee?

We plan to require the related board member to recuse themselves from any nominations, voting or appeals of the family member's committee.

Thomas C. Valkenet
Thomas C. Valkenet answered on Dec 3, 2020

Yes, unless restricted by the HOA by-laws. The by-laws often have restrictions on who may vote, based on household members. Service as a committeeman is not likely so restricted.

Of course, you folks can do what is appropriate under the circumstances.

3 Answers | Asked in Real Estate Law for Maryland on
Q: Can my listing agent sue for additional commission after settlement?
Richard Sternberg
Richard Sternberg answered on Dec 2, 2020

Anybody can sue for anything. All it requires is a pen, a piece of paper, and the filing fee ... and, sometimes, a crayon has been substituted for the pen. What you are trying to ask is whether the listing agent can win, and that depends on what your listing agreement says and whether than... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Do You Need A Work Permit Regarding Adverse Possession

Or Or Is It Regarding Enment Laws Landlord/ Tenant

Richard Sternberg
Richard Sternberg answered on Nov 26, 2020

I'm sorry. This question makes no sense at all. You need to retain someone to help you write a question. I do not understand how the concept of a work permit interconnects with the concept of adverse possession. You need a work permit to perform certain types of work on real estate, and you... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Thank you, does the estate have to be reopened for the PR to sell the home? It is currently closed.

Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get... Read more »

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?

An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Adverse Possession Can You Adverse Possession Two Campuses And And The Whole Two Campuses With Different Buildings.

And And Can The Land Be Just Adverse Possession Regardless Of The Buildings Of The Two Campuses.

Richard Sternberg
Richard Sternberg answered on Nov 13, 2020

By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: In Maryland, what is a recommended transaction structure for acquiring fee simple ownership of commercial property?

Buyer wants to acquire property to use as an office in Oldtown, MD (Allegany County). The buyer wants to own the property in fee simple. I know that installment contracts give legal title to the seller (vendor) and equitable title to the buyer (vendee). But besides installment contracts, I could... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 13, 2020

I'm not sure what you are asking. An installment sales contract -- or one of another half dozen or so types of documents -- is the contract describing the transfer. It does not transfer title. That is accomplished in a closing. The name of the title recipient is often specified in the... Read more »

3 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

Anthony M. Avery
Anthony M. Avery 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.

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1 Answer | Asked in Real Estate Law, Consumer Law and Collections for Maryland on
Q: How can I get a lien removed against my home?

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 12, 2020

In that case, you will likely want to retain an attorney to reach out to the firm on your behalf to see what can be done.

Best,

-Leonard

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Real Estate Law for Maryland on
Q: Can The Owner Of Land Call The Police / Unlawful Detainer Regarding Adverse Possession

Regarding Adverse Possession Or (Adverse Possession Squatting Rights And And Is Trespassing Loitering BNE Under Adverse Possession Or Squatting Rights

Mark Oakley
Mark Oakley answered on Nov 11, 2020

A person occupying or upon property they do not own and does not leave when asked, or returns after being told not to come on the land, is trespassing, and if that same person opens and enters any structure or building on the land, regardless of whether they were told not to be on the property, has... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Maryland on
Q: Can disclaiming inheritance from a Trust be used as a method of tax avoidance between beneficiaries of that trust?

Person A and B are tenants in common in a property that is valued at $1,000,000 and has a basis of $200,000.

Their mother dies leaving them $2,000,000 in a trust to be distributed equally.

Person A disclaims $500,000 of his inheritance from the trust.

Person B signs a... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

A gift tax return should be filed by Person B for the gift of their interest in the property to person A, but at person B's option, no estimated gift tax need be paid at this time, since the amount will be added back into Person B's gross estate when Person B dies for purposes of... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: How can I find out if the tax sale certificate, I purchased, in Baltimore,Md at the 2020 assignment is void?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 5, 2020

A tax sale certificate is generally good for 2 years after the tax sale auction until the property owner redeems (a certificate owner would know this because they'd get paid back any money they put up at the tax sale) but you can also check the relevant county / city to check on status of... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: A friend had their apartment shot into. Can they break their lease without penalty for safety reasons?

They have filed a police report. Manager says they still need to pay 2 months rent to break the lease.

Mark Oakley
Mark Oakley answered on Nov 3, 2020

Your friend needs to pull out their lease and carefully review any term or provision that may help them support an early termination. There is no general right to terminate a lease based on the happening of a single criminal event (if it was a criminal event). An argument might be made that the... Read more »

2 Answers | Asked in Real Estate Law and Collections for Maryland on
Q: We would like to know what are options are in removing the lien from our home in Harford County in Maryland.

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 28, 2020

Contact a lawyer who handles real property law, but honestly, if you can prove that you paid off the debt, this should be pretty straightforward to handle.

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3 Answers | Asked in Real Estate Law for Maryland on
Q: If a property is abandoned/vacant how can I go about obtaining that property? What steps would I need to take.
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 22, 2020

Property is not truly "abandoned." It may be vacant, but it is still subject to municipal taxes. When left unpaid, the property is likely up for tax sale. The redemption laws might give you a way to obtain an interest in the property.

And if property is vacant, you are certainly...
Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Thank you so very much for the quick respond. my

My ex husbands liens is about $7,000 so the property sales can cover for his liens. My settlement is going to be on the 30th of this month. Do you think I have enough time to make it to the settlement?

Richard Sternberg
Richard Sternberg answered on Oct 20, 2020

This is not a suitable means of exchanging emails. My email address is Richard@MWLC.org.

2 Answers | Asked in Real Estate Law for Maryland on
Q: How long does it takes to open an estate and much does it cost?

My ex husband is still half owner of my condo but he's been dead over 7 years ago and we're divorced 10 years ago. I was about to sell my condo but there is a liens that attached to the property that I'm not aware. It's not my liens but for my ex husband. please advice

Richard Sternberg
Richard Sternberg answered on Oct 20, 2020

I'm assuming that you held the property with your ex as tenants in common, so that his heirs are entitled to half of the house after payment of his liens. I'm further assuming that you are not a beneficiary of his Will. Administration could get quite complicated and difficult to predict,... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: My father died in the state of Maryland without a will. What steps do I take to sell his house?

His fiancé still lives in the house, but I am his next of kin

Richard Sternberg
Richard Sternberg answered on Oct 19, 2020

I think I answered another question from you a minute ago. If your father died leaving a house and a motorcycle, and you are his only heir at law in an intestate estate, you need to open an estate, get Letters, list the house, and sell it. It is likely that there are enough assets in the estate to... Read more »

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