Legal Question in Real Estate Law in Maryland
Dispute over property line - adverse possession
I bought a property about 15 years ago from the 2nd owner of 4+ years. We were both informed that property lines ran from telephone pole to pole (1+ acre lots) south Anne Arundel County, Md.
Recently the owner of the vacant lot stated that he was surprised to find out that our two lots were the exception and that my driveway (and shed) were on his land.
To add to the mix his land has been partially surveyed as Wet Lands and is within 1000 feet of the water. (mine too but no wet lands)
Yesterday surveyors staked his lot and placed a steel beam in the middle of my driveway, the one that has been in place since the 60's.
What is my recourse? I bought title insurance on the first and second mortgages and then on a refinance. But all I really want is my driveway back and not to have move the shed :)
2 Answers from Attorneys
Re: Dispute over property line - adverse possession
If it's been your driveway since the 60's, you own it by adverse possession. You should consult a lawyer to be sure.
Re: Dispute over property line - adverse possession
If you have used the land as a driveway since 1960, then you may have a right to maintain the property as yours through adverse possession. Open, hostile, exclusive, without prior permission, and other elements apply to showing adverse possession. Maryland requires a 20 year holding period without intercedent permission by the true land owner. The deed to the original properties and any subsequent recordings may be in opposition to your taking the property through adverse possession. An easement by necessity may also lie in your behalf. "Neighborly accomodation" is not sufficient to refut the presumption as this is deemed acquiescence and not permission. A recordation should have been made already in your behalf if such has not already transpired. While use of land with the owner's permission generally cannot be adverse, permission that is orally given and therefore cannot create an express easement may nevertheless give the user a claim of right under which his use would be treated as adverse. Contact an attorney to discuss your land ownership rights.
G. Joseph Holthaus III
(410) 799-9002
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