A. [§ 6.7] Possession

• Jurisdiction: Maryland

A. [§ 6.7] Possession

Prior to the enactment of Real Prop. § 14-108, a plaintiff was required to allege and prove title and possession of the property to maintain an action to quiet title. See Shapiro v. Bd. of County Comm'rs, 219 Md. 298, 301-02, 149 A.2d 396, 398 (1959). Although § 14-108 ameliorates these elements, it still requires a showing of possession by the plaintiff. See Barnes v. Webster, 220 Md. 473, 475, 154 A.2d 918, 920 (1959) ("The ground of equity jurisdiction is that, being in possession, the owner is denied a remedy at law."); Wathen v. Brown, 48 Md. App. 655, 658, 429 A.2d 292 (1981) (If possession of the property is in another, the plaintiff's remedy is by an action for ejectment.). An action to quiet title lies only with regard to real property. Crosby v. Crosby, 769 F. Supp. 197 (D. Md...