Navigating Property Disputes in Maryland: What You Need to Know

Blocked access to roads and fences built on the wrong side of a boundary line are just some of the most common types of property disputes in Maryland. A dispute over the boundary or use of property results in anger and strains relationships, but those aren’t the biggest problems.

Unresolved property disputes impact property rights and that in turn affects the value of your property. For that reason, it is a good idea to work with an attorney to resolve the difficulties and clarify the rights and obligations of everyone involved. The sooner you bring in an experienced lawyer, the greater the likelihood that the dispute can be resolved through negotiation without the need for a costly lawsuit.

Here are some additional factors you need to know about property disputes.

Property Surveys are Not Always the Last Word

People hire property surveyors to show accurate property boundaries. However, provisions in the law enable those boundaries to change, despite what boundary markers or official surveys may show.

In particular, an ancient legal doctrine known as adverse possession can allow someone to acquire ownership of the property if they have been using and caring for it. Acquiring property through adverse possession is not something that happens overnight. Someone must be openly and exclusively exercising control over the property continuously for at least 20 years. 

Generally, adverse possession cases involve disputes between neighbors where one has made improvements such as building a shed or garden and they have maintained that property for decades before the neighbor objects. Interestingly, courts do not seem to care whether the person exercising control over the land and trying to claim ownership through adverse possession knew the property did not lawfully belong to them at the time they started using it.

To officially gain title to a property, the user claiming adverse possession would usually file a quiet title action. However, adverse possession can also be used as a defensive strategy when a property owner tries to stop the use of the land.

An Easement Can Give You the Right to Use Land You Don’t Own

While we tend to think of property ownership as all or nothing, traditional property laws allow for the sale and holding of all types of property rights. An easement is one of the most common that people are unaware of. An easement grants someone the right to use property they don’t own. Easements are often drawn up in official legal documents, in which case they usually specify the rights of the easement holder. Someone owning property that does not reach a road may be granted the right to use a path to the road. So in a property dispute, your attorney will need to consider not only who owns the property, but whether anyone has an easement to use that property, and what that easement allows.

Usage Restrictions Often Contain Exceptions

People who object to the use of neighboring property—or who are accused of violating usage restrictions—are often surprised to learn that many of the rules are subject to exceptions that are long and complex. Farmers, for instance, are generally permitted to violate noise or odor ordinances because of right-to-farm laws. As another example, some property owners can use property in a way that goes against zoning restrictions because they have received a variance.

Assistance from a Knowledgeable Attorney Can Bring a Cost-Effective Resolution to Property Disputes

A dispute over boundaries, property use, and other issues will usually not go away but only become more problematic over time. An experienced attorney from Powers & Worshtil, P.C. can investigate to assess legal rights and work to negotiate a solution that satisfies everyone involved. If necessary, our legal team understands how to achieve a successful resolution in court as well. Contact us today to learn how we could assist in your case.