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Develop land set aside by creek and claim through adverse possession (Maryland)?
There is a creek behind our row of houses. My land ends before the creek so there is about a 50-75 yards of grassland/trees. Another development was built in the 90's from the other side of the creek. Both developments have the land sloping toward the creek. I was told that no one can build on the land because that land was set aside for storm water runoff control/to protect the creek and that it couldn't be developed- My county's definition of development includes- mowing and cultivating.
Following the rules of adverse possession in my state (20yrs, etc etc) if you were to develop this land would you then be able to claim the land- even if your development (which was a stipulation of Adv. Pos.) was in violation of the original non development because of the creek?
my neighbor seems to think he will be able to claim the land under the homestead act (which is superseded by 1976- didn't tell him but it made me think more in regards to Adv. Pos.)
Since the land was set aside as no development on purpose (where do I find a definitive answer on that?) can you still take it by claiming it and developing it?
I do not think that will work- I think he will try to get the land and get charged for destroying the grassland
I guess he is figuring he can add an acre or two to his property (to sell for more?)- if that is the case I will start mowing the entire thing and add 50acres to my .48
1 Answer
- Little PrincessLv 78 years agoFavorite Answer
Adverse possession and homesteading could be used to either establish a right of way (normally via adverse possession) or ownership (via homesteading).
Even if your neighbor manages to successfully homestead the creek land, that would just mean he owns it. Ownership of land does not mean you get to do anything you want with it. The land would still be subject to zoning and building codes. Those would prohibit them from developing on that land.
It is likely also considered open space, which would mean that the public has right of way access to it. So, you neighbor couldn't even restrict people from walking on/through that land.
After going through all the hassle and paperwork, all that they'll have to show for their effort is an additional property tax bill every year.