Legal Question in Real Estate Law in Maryland
alleyway encroachment
I purchased a property at tax sale in 2003. The property needed total renovation. It was vaccant many years.
In between the buildings is an alleyway. This alleyway is totally owned by him. Originally there was a shared fireescape, with opposing windows for its access in between this alleyway.
He denies the following, but I believe it to be true.
He at some point renovated his building. He jammed the old stair taken out of his house inbetween our houses,made doorway out of the second story window. He Installed a slanted roof and a doorway to the street, thus making an outdoor hallway.
This allows his tenants access to the second and third floor apartments, without entering the original main door.
This structure stopped rain from flowing along the alleyway to the street. He graded the alleyway to force the water into my property.
The flooding of my property only stopped after the city made him regrade his property.
I have lost about six inches of space on the front of my buiding where the door jam overlaps my front wall.
But most importantly I have lost any way of inspecting and maintaing that section of my wall covered by the structure his built.
No permits were ever issued to this man.
1 Answer from Attorneys
Re: alleyway encroachment
Ask the building inspectors in your county if a permit was required for his installation of the stairway and if so, ask them to inspect and order him to remove it. He may be in violation of a set back requirement depending on the zoning regs. If it turns out a permit wasn't required and he's otherwise in compliance, the passage of time may be an obstacle for you depending on when his installation occurred.
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