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Being sued b/c of 19th cen. property record

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Lindz0902

Junior Member
What is the name of your state (only U.S. law)? Maryland

My family is being sued by someone who recently purchased a tiny plot of land near my family's land (which is marsh-front, his is not). This person, an out-of-state housing developer, bought a 25,000 sq ft commercial plot of land that alone isn't worth much...in fact our land surrounds it so he'd have to share our driveway. He claims that he has a document from the 1800s that indicates that a portion of our land actually belongs with the plot he just bought and therefore belongs to him. However, we believe that is not the case. Rather, we think that during the 1800s the person who lived on that small plot had permission to use the strip of marsh-front land so he would have access for his boat but he did NOT own the land. Now my elderly grandfather is very upset and confused by all this. He's lived on the land for over 60 years and his parents lived on it before that!

Does this person suing us really stand a chance? We find it very suspicious that this urban housing developer would want anything to do with such a small piece of land.

Have others been through something similar? Any information is appreciated. I'm sorry if I'm not explaining this clearly. It's very emotional for my whole family.What is the name of your state (only U.S. law)?
 


divgradcurl

Senior Member
Your best bet is probably to sit down with an attorney, who can review all of the documents in question and advise you accordingly. Just because a document is old does not mean it is incorrect -- it might be -- but the only way to know is to really look at all of the documents in the chain of title. An attorney can help you to review all of the documents, and then advise you of a course of action.
 

tranquility

Senior Member
I agree, you've got to see an attorney. In theory, all land title can be traced back to the time the U.S. stole it fair and square. There is not a statute of limitations in errors on the chain of title. However, there are many defenses to such a suit and, perhaps, a countersuit for adverse possession. The law has a strong preference for land being used rather than be left fallow. See an attorney. Know that it may cost a lot to defend title if the deveolper is really motivated.
 

jimmler

Member
Make sure you talk with a lawyer that specializes in Real Estate and has handled this type of case before.

If you don't have a current boundary survey, you probably want to get that too, especially if you are going to end up in court. Be sure and ask the surveyor if they have experience in testifying as an expert witness, you want one that is comfortable with that.

Good luck!
jimmler
I am not a lawyer, I have been in surveying since 1989.
 

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