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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3719
Experience:  25 years of experience in general practice, real estate law and estate law.
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Montgomery County Maryland -- long-ago abandoned lot (house

Resolved Question:

Montgomery County Maryland -- long-ago abandoned lot (house was torn down by county many years ago) -- is now under construction. My fence may encroach upon a piece of that lot -- but it has been there for more than 20 years. Can I file an adverse possession claim even though the lot may have been reclaimed by the County? I'm not sure who owned it, bit it may have been the County.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.


You can claim the land, however, you need to know who to file the claim against. Have you checked with the recorder's office to see if the county is on title to the property?
Customer: replied 1 year ago.

Not sure who owns the land currently. But I thought there is a provision in Maryland law that prohibits adverse possession claims against the state. This may, however, be county land. I'm not sure -- but want to know whether I can proceed against the County or State.

Expert:  Attyadvisor replied 1 year ago.
Yes, there is a provision that prohibits this against the state and local government. This is why we would need to know who owns the land.

The Maryland Code Section 5-103

Customer: replied 1 year ago.

Just checked . . . property is currently owned by an individual.

Expert:  Attyadvisor replied 1 year ago.

That is great news!!! Then you can absolutely pursue adverse possession.

 

This is a link for sample forms

 

 

 

http://secure.uslegalforms.com/cgi-bin/forms/search.pl?state=MD&field=category&rating=pop&query=adverse+possession+&altform=&memform=&topic=

Please let me know how I can provide further assistance to you.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3719
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 6 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you. Please feel free to return to this question at any time with any follow up questions that you may have for me.

Thank you for using JA! We appreciate your business.

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