Sunday, November 02, 2008

Appeals court rules against Hillsmere association - Annapolis - (HometownAnnapolis.com)

Appeals court rules against Hillsmere association in adverse possession case- Annapolis - (HometownAnnapolis.com): "The swath of land at issue, which ranges from 8- to 80 feet wide, goes from the main beach to a marina, and passes behind 17 homes. It originally was community property, but over the years the homeowners living next to it have put up fences and hedges to protect their privacy. They also have installed bulkheads to stop erosion.The homeowners association overlooked those construction projects until 2002, when a homeowner built a pier, despite the association's objections. That brought the dispute to a head, resulting in the lawsuit. Five Hillsmere residents - Gregory and Susan Singleton, Parviz Sahandy and Edward and Leah Hertz - said the homeowners association had waived its rights to the property, and that they now own the land that stretched between their homes and the water."
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Fred Pilot sent along this report of an unusual appellate court decision where owners acquired common area by adverse possession.

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