Legal Question in Real Estate Law in Maryland
Real Estate Law
Habitat for Humanity has informed me that they are in the process of trying to gain several variances to that they may build a house next to mine. I have been taking care of the property for nine years in the hopes of gaining it in twenty years under the Adverse Possession laws here in Maryland. What are my legal avenues for resistance?
2 Answers from Attorneys
Re: Real Estate Law
Forget about adverse possession. If the rightful owner enters on the property, it cuts off your time period. If you have any other grounds based on effects on your own property from what the neighboring property owner wants to do, you can oppose the variance request.
Re: Real Estate Law
There are several facets of adverse possession that need to be met. Namely that your possession must be adverse, notorious, hostile to the real owner, exclusive of use by others, enduring for the statutory period, uninterupted with use against the real owner, visible use, and actual possession (with exceptions on this last point). Constuctive adverse possession is an exception to actual possession. How the real owner holds the property has significant implications. In short, adverse possession is a fight that may not be worth the effort. Lastly, there is no adverse possession against governmental entities and non-profit associations can invoke certain protection where governmental alliance is a factor.
Your real issue is to fight the variance. You need the assistance of an attorney and should not hesitate where your property is involved.