IN THE CIRCUIT COURT OF
MARYLAND FOR ANNE ARUNDEL COUNTY
COMPLAINT TO QUIET TITLE
Plaintiff Mary Ann Smith, by counsel, hereby files this Amended Complaint to Quiet Title pursuant to Md. Code Ann., Real Prop. § 14-108 and states as follows:
PARTIES
Plaintiff Mary Ann Smith (“Ms. Smith”) is a resident of Anne Arundel County, Maryland. Since 1986 Ms. Smith has owned and resided on the real property commonly known as 7961 Pine Street, Glen Burnie, MD 21061 and more particularly described as Lot 24A in the subdivision known as “The Highlands” per plat recorded in the land records of Anne Arundel County at plat book 68, page 1 (“7961 Pine Street”).
Defendant Southgate Trust for Improvement of Neighborhood Government, Inc. (“STING”) is a Maryland corporation with its principal office in Glen Burnie, Maryland. STING is the record, fee simple owner of a certain undeveloped parcel of land consisting of .368 acres commonly known as Wende Way, Glen Burnie, MD 21061 (Tax ID # 03-90015310) and more particularly described as:
ALL that parcel designed Recreation Area, containing 0.368 acres, more or less, as shown on the plat prepared by J.R. McCrone, Jr. Inc. , Registered Professional Engineer and Land Surveyor, Annapolis, MD dated June 19th and titled “The Highlands, Section 10”; being the same property described in a deed recorded among the land records of Anne Arundel County at Book 3077, Page 338.
(the “STING Parcel”). A copy of the Highlands Section 10 plat recorded at Plat Book 68, Page 1 is attached as Exhibit 1. Defendant Anne Arundel County (the “County”) conveyed the STING Parcel to STING by Deed dated July 6, 1982 and recorded at Book 3503, Page 344 and retained a reversionary interest in the STING Parcel as set forth below.
JURISDICTION & VENUE
This Court has personal jurisdiction pursuant to Md. Code Ann., Cts. & Jud. Proc. § 6-102 because STING is Maryland Corporation. Subject matter jurisdiction is based on Md. Code Ann., Cts. & Jud. Proc. § 3-403. Venue is appropriate under Md. Code Ann., Cts. & Jud. Proc. § 6-201 because STING’s principal office is located in Anne Arundel County.
FACTS
Ms. Smith is the current record title holder of 7961 Pine Street. Ms. Smith and her former husband, Jeffrey Smith, purchased 7961 Pine Street in 1986 from Michael and Deborah Crogan.[1] A copy of the 1986 Deed into the Smiths is attached as Exhibit 2. Ms. Smith has owned and occupied 7961 Pine Street continuously since 1986.
7961 Pine Street is in the sub-development known as the Highlands (Sec. 10). 7961 Pine Street is one of several lots in the Highlands that are directly adjacent the STING Parcel.
The STING Parcel is directly behind and adjacent to 7961 Pine Street to the north. This section of the STING Parcel has been openly used and maintained as part of Ms. Smith’s back yard for the last 24 years without interruption.
The STING Parcel was originally designated in the sub-development plats as a “Recreational Area;” however, it has never been treated or used in that manner.
When Ms. Smith originally purchased 7961 Pine Street she mistakenly believed that her lot included the section of the STING Parcel directly behind her backyard. She subsequently became aware that it was owned by STING but Ms. Smith continued to treat and use the STING Parcel as her own.
Since 1986 Ms. Smith has maintained the STING Parcel by regularly cutting and trimming the grass, removing rocks, filling in holes in the ground and removing trash and debris. Ms. Smith also engaged in other acts of possession and ownership of the STING Parcel which we regularly observed by her neighbors and discoverable by any visitor. Among other things, Ms. Smith planted flowers and other bushes and regularly stored personal property on the STING Parcel such as lawn and garden equipment. Ms. Lamerton also planted a weeping willow tree in 1987.
In the spring of 2003 Ms. Smith planted over a dozen cypress trees on the STING Parcel. The cypress trees were planted along the approximate boundary line of the section of the STING Parcel that Ms. Smith treated as her own. The cypress trees are now full grown have stood for years as a natural fence line around the parcel.
Throughout the entire 24 year period of Ms. Smith’s continuous use and possession of the STING Parcel, STING itself was never in actual possession of the land.
In or around 1998 Ms. Smith received a letter from STING demanding that she remove the cypress trees and her personal property from the STING Parcel. Ms. Smith refused to remove the trees or her property and continued to treat the STING Parcel as her own. No further demand from STING was received nor has STING made any subsequent efforts regarding Ms. Smith’s continued possession of the STING Parcel.
To date Ms. Smith continues to use and maintain and possess the STING Parcel as if she were the record owner of the land. Throughout this time STING has never maintained the STING Parcel.
The County’s Reversionary Interest
The STING Parcel was conveyed by the County to STING by way of a Deed dated July 6, 1982 and recorded at Book 3503, Page 344 (the “1982 Deed”). A copy of the 1982 Deed is attached as Exhibit 3.
The 1982 Deed conveying the STING Parcel from the County to STING contained the following reversion clause:
TO HAVE AND TO HOLD the said lots of ground and premises . . . to the proper use and benefit of the said Grantee, its successors and assigns, in fee simple, subject, however, to the following conditions:
So long as Grantee shall remain a legal entity, and so long as the property described herein shall be used for recreational purposes for the benefit of the lot owners of The Highlands. In the event . . . the property herein described shall be used for purposes other than a recreation area for the benefit of the residents of The Highlands, then the property shall revert to and become the property of the Planning and Zoning Officer herein, in fee simple.
1982 Deed at 3502-346 (Ex.3).
The STING Parcel has never actually been “used for recreational purposes for the benefit of the lot owners of The Highlands.” On information and belief the County has been aware of this but has never sought to assert its right of reversion or exercise any rights with respect to the STING Parcel.
At some point during the period of Ms. Smith’s adverse possession, STING asked the County to reassume ownership and responsibility for the STING Parcel. The County’s Planning and Zoning Office rejected the request.
The County has never maintained the STING Parcel and the STING Parcel is not and has never been devoted to public use or benefit.
COUNT I
(Quiet Title)
The foregoing paragraphs 1 – 22 are incorporated by reference as if fully set forth herein.
Ms. Smith is currently in actual peaceable possession of the undeveloped parcel of land referenced herein as the STING Parcel and more specifically described in ¶2. Defendant, STING, is the record title holder of the STING Parcel. Ms. Smith has been in actual possession of the STING Parcel continuously since August, 12, 2986.
Throughout this 24 year period Ms. Smith’s acts of possession as to the STING Parcel have been open, notorious and readily observable.Ms. Smith’s possession of the STING Parcel during this period has also been exclusive and not shared with STING or others. Ms. Smith’s continuous possession of the STING Parcel has also been hostile and not permissive in nature and under claim of title or right. Ms. Smith’s actual, open and hostile possession of the STING Parcel for the last 24 years has also been uninterrupted.
WHEREFORE, Plaintiff Mary Ann Smith requests that this Court issue a decree dissolving any and all ownership interests and rights of reversion held by Defendants STING and Anne Arundel County in the STING Parcel and declaring that all right, title and interest in the STING Parcel is to be vested in Plaintiff.