Legal Question in Real Estate Law in Maryland

Re: ''Process Server''

First, from the context of your question, I assume from your question that your relative is either of advanced age, disabled, or otherwise unable to attend to her affairs. If this is the case you should suggest that she seek the advice of an attorney as she may have matters other than the obvious to attend to.

As a process server, you have the right to access property in a lawful manner. Assuming that there are no restrictions to access (i.e, postings on the property), you may access the dwelling as any other uninvited person (i.e., a salesman). If you were to be injured during the event, scare protection is provided for you in law. My suggestion is not to dwell as much with service of process but what that process is intended to accomplish. The advice of an attorney is invaluable when it comes to the substance of what you (or your relative) is attempting to accomplish.

Certificates of service are generally held valid by a court without question where properly effected. Nonetheless, your familial relations may raise questions as to effectiveness.

From the sound of it, you should contact an attorney to discuss the underlying matter (i.e., apparent encroachment or, at worse, adverse possession) as well as to attend to the matter of preparing the necessary documents. There is no substitute for the learned ability of an attorney.

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