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Video Guide on Maryland Property Law management

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Commonly Asked Questions about Maryland Property Law

The main types of possession are actual, constructive, and joint possession. Each type of possession involves different levels and forms of control, knowledge, and use of an asset.
The court cannot grant use and possession of any property that you or your spouse acquired before marriage, or by gift or inheritance. The court may award use and possession of the family home or family use personal property before the final divorce is granted and for up to three years from the time of divorce.
No, Maryland is not a community property state. It is an equitable distribution state. Unlike community property, equitable does not mean equal. Equitable is defined as fair and just under the facts of the particular case. Therefore, the Court has discretion to evaluate each partys needs and entitlements.
Adverse possession requires a claimant to demonstrate a set of stringent elements for a continuous period of 20 years: actual, open and notorious, and exclusive use; continuous and uninterrupted use for the required duration; and use that is hostile, under a claim of title or ownership.
In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it. A person may be in possession of some piece of property without being its owner.
Under Marylands adverse possession law, an individual must occupy property for at least 20 years before the possibility of ownership.
Maryland doesnt have specific rules dealing with fences. Instead, the state follows the common law practice that a fence built along a boundary line is owned in common by both property owners when both use the fence, unless otherwise agreed.