Legal Question in Real Estate Law in Maryland

divider wall between porches of duplex

I am the owner of my house for now 23yrs. The house was built in 1925. There is a divider wall and ledge between the front porches. The shingles of my house show that 98% of the ledge is on my property and I have maintained it for now 23-26 years. The neighbor who moved in as a renter in the attached house claims it not to be mine.

If I have maintained this ledge and wall for the past 23-26yrs., do I have legal rights to this ledge and wall if the shingles on my house are not showing the correct division of the homes? Would this be considered squatter's rights? If I am now able to claim this ledge and wall legally, what is the Maryland or Baltimore City law title or number?

Many thank yous.

--name removed---name removed--

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Asked on 9/13/06, 10:57 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: divider wall between porches of duplex

You may well have a valid legal claim to the ownership of the ledge under a legal doctrine known as adverse possession. This doctrine states that when a person lays claim to property and does so openly and notoriously, and has possessed the property to the exclusion of others for a continuous period of at least 20 years, a court can declare him to be the lawful owner of the property.

This is what is called a common law doctrine, and there is no specific statute regarding this, except the statute of limitations, which in Courts Article, Sec. 5-103 of the MD code, states that an action to recover possession of land (that your neighbor would have to file to get the ledge back)must be filed within the 20-year period after you "captured" it. Since more than that time has now passed as your facts indicate, he's lost his right to do that, and if you wanted to get official title to this parcel, you could file an action in court. Consult a real estate attorney for more details.

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Answered on 9/13/06, 11:14 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: divider wall between porches of duplex

The plat for the property and recorded deeds require review of an attorney to say whether you actually own the property. Then there may be an issue of adverse possession. You should discuss your matter with an attorney.

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Answered on 9/15/06, 10:58 pm


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