Legal Opinion

Nathans Assoc. v. Ocean City

Court of Special Appeals of Maryland

Decided December 21, 2018No. 1240/17Published

1Opinion of the Court

Nathans Associates v. The Mayor and City Council of Ocean City, No. 1240, Sept. Term 2017. Opinion filed on December 21st, 2018, by Berger, J. ADVERSE POSSESSION - DEFENSE - PUBLIC EASEMENT - BURDEN When a party seeking to quiet title via adverse possession has established actual, open, notorious, exclusive, and continuous possession for over twenty years, and a defendant raises a defense on the basis that the adversely possessed property is located within a dedicated and accepted public easement, the burden is upon the defendant to establish that the property is located within the public…

2Cases cited15 opinions

  1. Craven v. United StatesCourt of Appeals for the First Circuit · 1927
  2. Jefferson-El v. StateCourt of Appeals of Maryland · 1993
  3. Surratt v. Prince George's CountyCourt of Appeals of Maryland · 1990
  4. Boyd v. StateCourt of Appeals of Maryland · 1990
  5. Doering v. FaderCourt of Appeals of Maryland · 1989

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