Category Archives: Real Estate
Can One Adversely Possess Riparian Rights?
The concept of adverse possession is one based in common law, which means it dates back to medieval England. It allows someone who is technically a trespasser on land to acquire legal title to it if they have been occupying it and maintaining it for a period of time (in Maryland, 20 years). Adverse… Read More »
When Is A Trustee Deed Not A Trustee Deed?
Much of the time, documents related to real property are required to be exact and specific, satisfying listed criteria in order to qualify as a deed, or a mortgage, or another type of document. However, the intention of the parties can sometimes make all the difference, particularly if a reasonable person could draw another… Read More »
Do Certain Real Estate Liens Take Precedence Over Others’ Claims To The Property?
Normally, the process of selling off real property is one that takes not days, but weeks or even months, depending on how many issues arise. This can be a surprise to some people, but sometimes, speed is of the essence, especially if they are trying to sell their property in order to pay off… Read More »
How an “Ambiguity” in a Commercial Lease Can Lead to Litigation
When negotiating any form of real estate lease, it is critical to be precise. Any ambiguity in the terms of a lease may lead to disagreements between the parties, which in turn can lead to litigation. And if a judge finds that the lease is indeed ambiguous, it may be necessary to look at… Read More »
How a Misplaced Fence Can Lead to an “Adverse Possession” Lawsuit in Maryland
There have been many cases in Maryland real estate law where neighbors end up in court over the location of a fence. That is to say, the fence may mark a different boundary between the neighboring properties than what is actually reflected in the land records. If this “incorrect” boundary remains in place long… Read More »
Can You Be Held Personally Liable for a Debt Incurred by the Previous Owner of Your House?
When you purchase real property, you need to be aware of any covenants that may impose restrictions on your use or enjoyment of the land. Covenants often “run with the land” itself, meaning the restriction is conveyed to any subsequent owners. At the same time, just because a covenant appears in a deed, that… Read More »
Dealing with Construction Contract Disputes
When it comes to contracts, most people do not think about the specific language unless there is a dispute. For example, when a builder and a homeowner sign a construction contract, there are a number of clauses that specify each party’s respective obligations. In an ideal world, the construction goes smoothly and nobody needs… Read More »
What Is “Loss Mitigation” and How Does It Affect a Foreclosure Proceeding in Maryland?
Most Maryland residents rely on a mortgage when purchasing their home or other real estate. If the borrower defaults on the mortgage, the lender has the right to foreclose on the property. But this can lead to significant financial losses for the lender. To help avoid such outcomes, loan servicers–the middlemen who typically accept… Read More »