Legal Question in Real Estate Law in Maryland

Adverse Possession

I have been a property owner for over 50 years. There is a map/paper street which runs thru my property. I own most of the property in front and behind the undeveloped street and have been maintaining the property (undeveloped street) for over 50 years. There is no reason to ever open the street. My husband contacted Annapolis over 10 years ago and wanted to purchase the undeveloped street. At that time he was told to just continue using the land that it was a paper street and would never be opened. I would like to have something in writing and was wondering if since its been in the family for over 50 years and we have maintaining it if I could file for ''Adverse Possession''.


Asked on 1/08/07, 7:06 pm

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Adverse Possession

The answer is "maybe"!. There are several elements to an "adverse possession" action. One of them is that you hold out to the world "notoriiously" that you actually own the land that you are trying to claim adverse possession of. Given your comment that you tried to purchase the land within the past 10 years, that doesn't sound like a good fact for claiming that you have acted as if you own the land. It sounds as if you have acted as if you don't own the land and have sought to purchase it.

So, that could be a problem. On the other hand, you may have other facts that could overcome that. For example, it could be that you held out to the world that you owned the land by having fenced it in for 50 years and barred others from using it, by talking to others as if the entire parcel including the "street" was your own, and that your discussions with the county were mere selttmenet discussions designed to resolve an issue of ownership.

Additionally, there may be other ways to establish "presriptive" rights in the property.

Give me a call if you'd like to chat a bit more ..i'd be happy tospend a few mintues on the phone with you.

Larry

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Answered on 1/09/07, 7:18 am


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