Adverse Possession In Md
We bought a home a few years ago with an existing fence. The back portion of the yard backs up to undeveloped and overgrown land owned by the neighboring HOA. Anyway, the back of our yard was overgrown with lots of dead and dying trees and was a tick Eden. We assumed the land inside the fence was ours and we paid to have about 20 trees removed and have slowly cleared the brush back. We want to put in a shed and pulled the Plat. Apparently, the fence on one side starts at the shared property line and encloses a triangular piece of the HOA land maybe 50’ x 200’. Oddly enough, our fence is about 12-20’ inside our property line from the other neighbors.
The fence has been there for at least 20 years. Since we’ve improved the land do we have an adverse possession argument even though we have only lived here 5 years? If so, does the fact the disputed land is owned by an HOA complicate it?
The HOA doesn’t seem to care since the land won’t perk but it’s something I’ve thought about. Any advice would be enlightening.
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