Legal Question in Real Estate Law in Maryland

Re: property encroachment

How long is "many years?" If it is less than 15 years, you are fine. If has been longer than 15 years since the house was built on "your" property, than PROBABLY (it is tricky) the statute of limitations has run out on the ability to do anything about it.

That said, that should have nothing to do with whether it will perk, I hope.

And you may have a claim against the title insurance company and/or the seller for the loss of some of the land.

Re: property encroachment

If the home has been there for 20 years, you may be subject to a claim of adverse possession. Your surveyor should have picked up this encroachment when the survey was performed, so you could have dealt with it prior to taking title. You should report this to your title insurance company (you should have bought owners' title insurance at the settlement and received a policy, or will soon from the settlement firm), but the policy will probably except to survey matters. The original surveyor should be advised to notify his errors and omissions insurer of a possible claim.

Also, immediately notify the adjacent property owner protesting the building and threatening a quiet title action in court if it can't be resolved. But be aware that if the building has been there for 20 years, a defense of adverse possession could potentially defeat your claim.

You should consult an experienced real estate attorney right away.