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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A house, built in 1947, was just surveyed and determined

Customer Question

A house, built in 1947, was just surveyed and determined that the corner of the house was not on the house's property. What must be done to sell the house?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's not my property, but belongs to a sister-in-law (inherited from her mother) She lives out of the state of Maryland.
Submitted: 30 days ago.
Category: Real Estate Law
Expert:  Roger replied 30 days ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 30 days ago.

If the house has been on the property for at least 20 years, then it is very likely that the portion of land in question has been adversely possessed by the predecessor owners. Here's a good link you can read about adverse possession: http://statelaws.findlaw.com/maryland-law/maryland-adverse-possession-laws.html

Expert:  Roger replied 30 days ago.

Thus, it is very unlikely that the house would have to be moved or that this would cause any long-term issues. That said, if the neighboring owner is unwilling to issue a quitclaim deed to the current owner of the house for the portion of land in question, the home owner would need to file a lawsuit and ask a court to adjudicate that the property in question as being owned by the property owner under the laws of adverse possession.

Expert:  Roger replied 29 days ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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