Legal Question in Real Estate Law in Maryland
My garage??
There is a small garage in my front yard, already surveyed, it is half on my property and half on the county road. The people across the street have been claiming it for about 20 years. It is on my property, I want to demolish it to put in a driveway. Can these people stop me from demolishing this building?
2 Answers from Attorneys
Re: My garage??
Your neighbors would have to bring an action to obtain title to the property based on adverse possession for a 20-yr period. Adverse possession means they occupied the property openly and without permission. Whether this use constitutes "occupancy" would be a significant question. Unless they are successful in this action, or unless they obtain an injunction preventing you from demolishing the garage, the only thing preventing you from going ahead is the fact that it's partly on the road. You ought to check with the county to make sure they have no objection and also whether you have to file some kind of application to do this.
Re: My garage??
The questions are, "Why are people across the street claiming the property?" and "Did they maintain the property in the past?" Other questions may arise.
Local zoning laws may apply. If the property is yours then you should have every right to improve it. The county likely has an easement for the road.
You may benefit from this matter being reviewed by an attorney. Contact me at (410) 750-2567.
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