Legal Question in Real Estate Law in Maryland

For the last 20+ years I have used a small strip of land behind my house ranging from 5 ft to 15 ft. for over twenty years. I have bushes and trees on it. This land was first in a farm preserve and is now in a housing development with my land in question not having the normal 12 foot buffer zone required in Howard County, Md. The county never alerted me that there would be no buffer behind my lot, but there is the 12 foot buffer behind each of my 12 neighbors' properties. I have 2 and 1/4 houses behind me. How do I go about claiming this land? One of the houses is now up for sale and I'm worried the new owners might want to put a fence up. What would it cost to get a legal adverse possession claim for this land? Will I have to file 3 separate claims? If letters are sent to each of the homeowners, can they say "no" to me continue to use the land even though I've been doing it for over 20 years? Each of the houses behind me have only been built for 18 years. The farm preserve was there for my first 2 1/2 years of using the land.


Asked on 12/24/12, 11:28 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You will have to file a lawsuit known as a "quiet title" action seeking to claim ownership of the strips in question by adverse possession. The elements are your open and notorious use of the property continuously for at least 20 years. The fact that the lots have been improved for less than that time period doesn't matter because the transfer of title to the lots doesn't interrupt the running of the adverse possession period. You could bring one suit naming each property owner as a defendant rather than 3 separate cases. As for cost, any contested litigation is going to be expensive. So a practical first step might be to offer to either buy the strips or to seek a permanent easement permitting you to continue to use them. Such an easement would prevent the owners of record from fencing off or otherwise restricting your use of the property. It would be recorded in the land records so that subsequent owners of the properties would be on notice of your easement.

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Answered on 12/24/12, 2:51 pm


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