Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

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• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. If an error occurs of property pin placement ( found after 40 years later)can it be grandfathered in?

January 10, 2025

A: Not enough facts to evaluate. It would turn on an "adverse possession" analysis. The law can be very complex in this area, and is very fact sepcific.

Generally, in Maryland, a party claiming to have adversely possessed property bears the burden of establishing that their possession satisfied the necessary elements for a period of 20 years: (1) actual, open and notorious, and exclusive; (2) continuous or uninterrupted for the requisite period; and (3) hostile, under claim of title or ownership.

"Generally, adverse possession without color of title extends only to the land actually occupied.” Costello v. Staubitz, 300 Md. 60, 68 (1984) (emphasis added). “However, where visible boundaries have existed for the statutory period of limitations, if there is evidence of unequivocal acts of ownership, title will vest in the claimant, not only to land actually occupied, but rather to all of the land delineated by the visible boundary.” Id.

The following principles apply in adverse possession cases in which a visible line of demarcation is a factor:

1) The existence of a visible line of demarcation ordinarily does not constitute evidence of adverse possession when: a) it was created by a record owner, for the record owner’s own purposes, within the record owner’s land; or b) it was created by a party claiming title by adverse possession for the purpose of claiming the visible line of demarcation as a boundary only if it is in fact coincident with the actual boundary.

2) The existence of a visible line of demarcation ordinarily constitutes some evidence of adverse possession when: a) it was created by a party claiming title by adverse possession for the purpose of claiming the visible line of demarcation as a visible boundary delineating the extent of the claimed adverse possession; or b) there is no evidence to show by whom and for what purpose the line of demarcation was created.

You will need a lawyer to bring an action in court and obtain a court judgment awarding you the new boundaries you are claiming as being part of your land. ... Read More

Q. I need the Annotated Code for Correctional Services,Rule 3-703 for ( Concurrent sentence in foreign jurisdiction )

January 10, 2025

A: MD Code, Correctional Services, § 3-703 Concurrent sentence in foreign jurisdiction

"Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this subtitle only from the date that the incarcerated individual is received into the physical custody of the Commissioner."

https://govt.westlaw.com/mdc/Document/N248597B053F211EE8CA9E49C789C1DBB?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Q. Need Assistance Negotiating Repayment Terms for Condo Fees

January 10, 2025

A: Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity line on your condo? Have you looked into a refi of your condo mortgage, or if paid off, a new mortgage for enough to get the arrears paid? Friends and family? Otherwise, they may simply go to court for a judment and it will act as a lien against your property.