Adverse Possession

[tbowen]

What is the name of your state? Maryland

A neighbor is trying to claim adverse possession to a strip of my property. They are parking their cars on this portion of my property. Their claim is that they have been using this land continuously for the past 20 years, which is the time limit in the state of MD.

The property that I own, used to my neighbhor's parents/grandparents. They did not live at the property while storing the cars on the property. It is not known if permission was given by the parents/grandparents, as they are deceased.

My questions is, can the time that my property was owned by the parents/grandparents of the neigbhor be claimed for the time required to meet the definition of adverse possession. Or, does it start after the property was sold by the family.

Can you also provide any case law that would help me keep my land based on the fact that use of a family member's does not convey as adverse possession. I cannot afford a lawyer, and must defend myself.

 

[FlyingRon]

As you may have realized in your research so far, the use must be open, notorious, and hostile. Property taxes must be paid by the possessor as well in most places.

Who was living in the property when the grandparents owned it? Even tenants (or family) can give permissive use. Even not being able to find that, the familial relationship probably is good argument that the use was permissive.

Did you have owner's title insurance?

On your side is that adverse possession is very hard to get.