Quit Claim on Property between lots

[ws6whiteshark]

What is the name of your state? MD

There is a strip of land 10 feet running the full length of the lot lines between the property next door and my wife's rental house (use to be her primary home for the last 13 years) in Annapolis, MD. Neither my wife or the other property owner knew about it, but it showed up on the city's land records that this is unclaimed/unknown. We'd like to claim it since she has always thought it was part of her property and has maintained it all these years.

What's the process of claiming the unclaimed land? I checked and the former owner of the property would be 96 years old... so I'm thinking they most likely aren't around. If they aren't, what to do?

Thank you.

 

[FlyingRon]

A Quit Claim only gives property interests away, that's not the right term.

Just because the owner is dead just means that the heirs have some interest. Your best bet would be to retain a real estate lawyer to find out who really owns the lot. If the taxes haven't been paid for some time, there's a state procedure for dealing with abandoned property.

 

[justalayman]

how can you know the owner would be 96 if the city states it is unclaimed/unkown?

If there is an owner, find him or his heirs that would have inherited the property if the old guy died.

Research the title records to find out who the current owner is.

 

[efflandt]

I think you mean quiet title. But you probably cannot claim adverse possession if property taxes went unpaid and it went to the government. Check with the county to see if taxes are being paid or how to acquire tax delinquent property.

 

[ws6whiteshark]

how can you know the owner would be 96 if the city states it is unclaimed/unkown?

If there is an owner, find him or his heirs that would have inherited the property if the old guy died.

Research the title records to find out who the current owner is.

Think of it this way... I looked at the land records for my wife's property. She bought the property from the builder who built her the house. He bought the lot from the former owner, who subdivided the lot. However, there is unclaimed land (a void) in between the lots. We want to claim it as part of my wife's lot/property since she has always thought it was her's and maintained it. Imagine you thought your boundry line on one side of your property was in one spot when it actually was in another spot and the neighbor didn't know about it and it's not their land. It's basically a void in between the properties.

 

[FlyingRon]

There's no way to tell you how to pursue this other than recommending a lawyer. He'll have to research just exactly how this entity came to exist (was it a mistake in the subdivision process?) and what legal process is available to you in your jurisdiction.

The other option is to just leave it alone. You've got constructive use of it and nobody seems to have any interest in denying you that use. Further if you can determine that the county had been assessing you as if you did own that, you may very well have a case for adverse possession.