If you own property in Columbia, Maryland, it may come as a shock that you could lose a portion of your property or possibly the entire property due to an adverse claim. This is a problem faced by many property owners that were unaware that another person was attempting to claim their land. If you wish to quiet title to your property, you should consult with an experienced Columbia adverse possession lawyer today.
The Heyman Law Firm has seen the many issues that can arise when a property owner’s land has been claimed by adverse possession, and we are here to help you avoid a claim against your land. To schedule a confidential case evaluation to discuss your case, contact the Heyman Law Firm at (410) 305-9287. It is also possible to contact the firm online.
What is Adverse Possession?
Adverse possession is a process where a person that does not own the title a parcel of real property can lay claim to that property. Specifically, a person without title to a property can claim adverse possession over a property if they satisfy the following requirements:
- Actual or constructive possession of the property
- Portray color of title or claim of right to the property for at least 20 years uninterrupted
Most adverse possession claims typically concern a neighbor gaining title to a portion of another neighbor’s property because they encroached upon that property for 20 years. For example, if while building a fence around their property, a neighbor purposely places the fence five feet into the neighbor’s property, the neighbor is adversely possessing the neighbor’s land.
Fortunately, there are various elements that must be proven before an adverse possessor of land can claim title to the portion of land they encroached upon. The following elements must be shown in order to claim real estate by adverse possession.
Actual Possession of the Land
To satisfy this prong, the adverse possessor must actually occupy the land in question. It is not enough for a person to make a plan to possess a land or to falsely believe they are occupying land owned by another.
Open and Notorious Possession of the Land
To show that land is openly possessed, the adverse possessor must not be carrying out their plan in secrecy. Instead, the adverse possessor must make it clear to the owner of the land that they are using their land adversely. For example, frequently allowing cattle to graze on the property of another purposely can satisfy the open and notorious element.
Additionally, an adverse possessor can also communicate open and notorious possession through statements to the landowner.
Hostile Possession of the Property
“Hostile possession” is a term of art that is used to convey that an adverse possessor is using the property in opposition to the titleholder. There is no requirement that the two parties have a dispute regarding the property.
Continuous Possession of the Property
Continuous possession means that the adverse possessor’s use of the property must be uninterrupted for the duration of the amount of time required in the statute. In Columbia, MD, an adverse possessor must occupy the property of another for at least 20 years uninterrupted to lay claim to the property.
Exclusive Possession of the Property
For possession of the property to be exclusive, the adverse possessor must solely lay claim to the property. However, Maryland has chosen to allow adverse possessors to tack-on years between adverse possessors. This means that if a previous property owner adversely occupied the land for 10 years and conveyed the property to another who occupied it for another 10 years, the current owner can add those years together.
In some cases, it may be possible to avoid an adverse possession claim by recognizing that a person is illegally using your property and instructing them to refrain from their actions.
To learn more about filing a quiet title action for an adverse possession claim, continue reading and speak with an experienced Columbia MD adverse possession lawyer.
Filing a Quiet Title Action in Columbia, MD
A quiet title action is a property lawsuit that can be used by the titleholder of real property to stifle the claims of another person or entity that claims they possess an interest in the title holder’s land. However, a quiet title action can also be filed by the adverse possessor if they believe they have a valid claim to the property of another.
Filing a quiet title action will allow a party to determine property interests in the land and to remove any doubts regarding who holds the title to the property. The court will look at a number of factors when determining who actually possesses title to a property. For example, the court may consider testimony by other people in the neighborhood that can attest to whether the property was adversely possessed.
If you are concerned about filing a quiet title action, you should speak with one of our experienced attorneys that can examine the circumstances of your case.
Contact Our Experienced Columbia Adverse Possession + Quiet Title Attorney Today
If another person is trying to lay claim to your land through the doctrine of adverse possession, contact an experienced Columbia quiet title attorney today. At the Heyman Law Firm, our legal team is dedicated to providing clients with the unique legal representation needed to address their legal issues. To schedule a confidential consultation, contact the Heyman Law Firm at (410) 305-9287.