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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7074
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Montgomery County Maryland -- long-ago abandoned lot (house

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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.
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 3 years 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.

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 3 years ago.

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

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


This is a link for sample forms

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