2. [§ 6.13] Actual, Notorious, Exclusive, and Continuous

• Jurisdiction: Maryland

2. [§ 6.13] Actual, notorious, exclusive, and continuous

Determination of whether a claimant is in actual possession of the claimed land is a fact-intensive inquiry. Senez v. Collins, 182 Md. App. 300, 325, 957 A.2d 1057, 1071 (2008). In general, Maryland courts have held that in determining whether there was actual possession the court should consider the use, location, and character of the land; therefore what constitutes actual possession may vary. Blickenstaff v. Bromley, 243 Md. 164, 171, 220 A.2d 558, 561 (1966). Acts which "openly and publicly" signify control over the land will generally fulfill both the "actual use" and "notorious and open" elements. Id. at 171, 220 A.2d at 561; Bratton v. Hitchens, 43 Md. App. 348, 359, 405 A.2d 333, 339 (1979).

Exclusivity exists when a claimant has used the land under his own claim of right, not under the claim of right of another, for 20 years. Mavromoustakos v. Padussis, 112 Md. App. 59, 67, 684 A.2d 51, 55 (1996). The claimant's use of...