Financial
How to lose your property without really trying
Being a good neighbor with a vacant lot can have unexpected legal consequences
By JAMES MARKELS
Special to the Blade
Imagine you own a piece of undeveloped land in the District.
Your next door neighbor is a car wash business and has its customers drive over your lot to access the entrance. You see it happening, but since you have no plans to use the lot, and the customers aren’t causing any harm, you let it go.
After 15 years of this, however, you finally decide to develop the lot, thereby blocking this avenue of access to the car wash. The owner of the car wash responds by filing a lawsuit asking the court to stop you from doing this, claiming that she has earned the right to use your land for her customers’ convenience. Can she do that?
This was the situation in a recent case decided by the D.C. Court of Appeals, Han v. Southeast Academy of Scholastic Excellence Public Charter School, and the answer is yes, under certain circumstances. The car wash claimed to have what is called a “prescriptive easement” over the vacant lot — essentially, the right to use a portion of the lot in a given way. It’s the limited version of “adverse possession,” in which a person can claim to own land free and clear as though he or she had bought it.
The principle behind these claims is simply that the law abhors an absentee landowner, much as nature abhors a vacuum. Society is better off with landowners who seek to use and develop their land, rather than letting property go to seed unkempt. Therefore, if someone comes along and occupies or uses your land for long enough — 15 years in the District — and you don’t do anything about it, you face the prospect of essentially surrendering your rights to the occupier, who doesn’t have to pay you a thing.
In legal parlance, the occupier has to prove that their use was hostile, meaning in active opposition to your ownership interest, open, as in obvious to anyone who observes the property, exclusive to the occupier and not to the public, and continuous, without a break, for the full 15 years. So if the car wash could show that its customers used your vacant lot for 15 years, continuously (at least during business hours), to the exclusion of other traffic, and you did nothing about it, you may have lost the right to stop them from using your lot for that purpose. Any plans you had to build on your lot would now have to be altered to make sure the car wash’s traffic was not hindered, or else it could sue you for infringing on its property rights.
Classic examples of prescriptive easements include an alley or driveway used by one homeowner that actually belongs to the neighbor, or a shortcut. In these situations, inattentive landowners often lose track over where their property boundary lines are and turn a misunderstanding into legal rights.
So what can a landowner do to short-circuit these kinds of claims? One obvious choice is simply to stop the offending use by erecting a barrier on your land before the 15-year period has elapsed. But what if you want to be a good neighbor? It may be surprising, but giving the car wash express permission to use your lot is just as much of an indication of your ownership over that lot as putting up a fence. Remember, the car wash’s use has to be hostile. If you make it clear that you approve of the use, it’s no longer hostile, and the car wash cannot claim any rights.
In the end, the car wash owner in Han didn’t get her easement because of another glitch — the lot owner proved that the lot was dedicated to public use for a portion of the 15-year period the car wash claimed was exclusive, and no one can claim exclusive rights over land dedicated to a public use. But it still took a lot of litigation and cost to get that result. Being an attentive and vigilant landowner is always the best defense.
The contents of this article are intended for general informational purposes only and should not be considered legal advice. This is part of a series of monthly articles by Jackson & Campbell on legal issues of interest to the LGBT community. Jackson & Campbell is a full service law firm based in Washington with offices in Maryland and Virginia. If you have any questions regarding this article, contact James N. Markels at 202-457-1610 or [email protected]. If you have any questions regarding the firm, contact Don Uttrich, who chairs its Diversity Committee, at 202-457-4266 or [email protected].
Real Estate
‘Culture eats strategy for breakfast’
Real estate agents must adapt, learn how to manage from within
“Culture Eats Strategy for Breakfast” was a phrase often repeated in many of my management courses from the University of Illinois. The concept was discussed at length – how the best laid plans can sometimes be supported or derailed by the culture of the people involved in whichever project to be implemented. Whether it be a project to implement new software, roll out a new product or service, or just reaching a sales target, the way the team involved works together can indeed affect the outcome.
Perhaps this is just another way to say, “teamwork makes the dream work!” Most teams usually have someone who is designated as a leader. The leader can try to lead through authority and control or can alternatively try to lead through influence and encouraging a more collective framework for solving problems.
Why does this matter when picking the right real estate agent or team to work with? Besides having a job as a salesperson for the brokerage, the real estate agent is contractually bound to act on their client’s behalf. The buyer broker agreement is in place so that the agent and the client can work together as a team in communications regarding offer strategy, during negotiations, implementing marketing plans, as well as selecting which renovations or upgrades to choose before selling a property. After the property goes under contract, the job isn’t “done”. There is still work to do.
At this point, the agents then turn into a project manager of sorts – coordinating communications between the lending team, the title attorneys, the other client’s agents, any governmental agencies that could be involved in down payment assistance or helping to clear a property for a sale, and often times groups like a condo board, a home inspector, or contractors when arranging repairs and estimates before a final walk through.
In short, the agent takes on somewhat of a “leadership role” in the transaction and ensures that all the ducks stay in a row until the project is complete. That agent will hopefully be very fluid and forthcoming with their information, copying the required parties on all communications and creating a “paper trail” of who said what or didn’t offer to fix A, B, or C, so that all the minutiae of the contract can be addressed and fulfilled before the settlement date. The agent often must wear many hats and quickly learn the communication styles of an entire new set of people in a short period. One person may not return calls for a week after being contacted. Another person may go on vacation at the beginning of the process and not return emails for two weeks. Another person may wish to have daily updates of the progress of the process.
In this way – an agent quickly learns in each transaction that “culture can eat strategy for breakfast.” Because the agent must adapt to a wide variety of communication styles, learn how to “manage from within”, build support for closing the project by the due date, and somehow keep all the interested parties invested, engaged, and responsive.
Who you work with matters when picking the right person to represent you in your next transaction – so, just remember that “teamwork makes the dream work!”
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
Real Estate
Does Pride decor resemble Trump’s design aesthetic?
Glitter, gold, and rejecting the idea that a home should be understated
Interior design is often a balancing act between taste, personality, and restraint. Sometimes, however, restraint leaves the building entirely. Such is the case when the colorful exuberance of gay Pride-inspired decorating collides with the famously excessive decorating style associated with the current occupant of the White House. The result can be a fascinating study in maximalism, spectacle, and unapologetic visual overload.
Donald Trump’s personal decorating style has long been a subject of debate among designers and critics. Admirers see luxury and grandeur. Critics see something else: a dizzying display of gold leaf, marble, mirrors, crystal, and oversized furnishings that often crosses the line from elegant into what many designers would call tacky. More is rarely enough. If one chandelier sparkles, three are better. If a room has gold accents, why not make every available surface gold? (See Oval Office and ballroom rendition for details.)
In many ways, this excess shares common ground with certain Pride celebrations. Pride has never been about blending into the background. It celebrates visibility, self-expression, individuality, and joy. Rainbow colors, dramatic costumes, glitter, flamboyant artwork, and bold statements have long been part of Pride culture. Yet there is an important difference. Pride’s extravagance is often playful, self-aware, and rooted in personal expression, while Trump’s aesthetic has frequently been criticized for equating luxury with sheer quantity and visual intensity.
Combining these influences creates an interior that could best be described as “glamorous chaos.”
Imagine entering a living room in which gold-trimmed mirrors stretch from floor to ceiling. Crystal chandeliers hang above a bright rainbow velvet sectional. Marble floors gleam beneath metallic furniture that appears determined to reflect every available light source. Pride flags become framed artwork surrounded by ornate gold moldings. A room designed this way doesn’t whisper. It shouts.
Color is central to the concept. Pride-inspired interiors often embrace the full spectrum of colors. Trump’s style, meanwhile, traditionally favors cream, gold, black, and glossy finishes. Combining them means introducing vivid jewel tones against a backdrop of faux-palatial luxury. Emerald green chairs, ruby-red draperies, sapphire-blue accent walls, and gold-trimmed furniture can coexist in a way that feels deliberately theatrical.
The key word is theatrical.
Many professional designers spend years learning how to create visual balance. A Pride-meets-Trump interior intentionally ignores many of those rules. Pattern competes with pattern. Shine competes with shine. Artwork competes with furniture. The eye rarely gets a chance to rest. For some homeowners, that sounds exhausting. For others, it sounds like the perfect party.
Lighting offers another opportunity to embrace excess. Crystal chandeliers, mirrored lamps, illuminated shelves, and color-changing LED lighting can transform a room into something resembling a cross between a luxury hotel lobby and a Pride festival. The goal is not subtlety. The goal is spectacle.
A dining room inspired by this combination might feature a massive glass table, gold dining chairs, rainbow floral arrangements, mirrored walls, and enough crystal accessories to keep a polishing cloth busy year-round. Critics would call it gaudy. Fans would call it fabulous.
Artwork becomes particularly important. Pride-themed pieces featuring LGBTQ+ history, activism, and culture can provide meaning beneath the decorative excess. Without these personal and cultural elements, the room risks becoming little more than a collection of expensive looking, but not necessarily expensive, objects. Pride design can work best when it reflects identity and community rather than simply displaying color for color’s sake.
While normally a haven for restful sleep, bedrooms can take a similar approach. Plush velvet fabrics, oversized tufted headboards, metallic and mirrored finishes, colorful accent lighting, and dramatic artwork create a space that feels more like a boutique hotel suite than a traditional bedroom. Again, the challenge is avoiding the temptation to add one more decorative element to an already crowded visual landscape.
What makes this design combination interesting is that both aesthetics reject the idea that a home should be understated. Both embrace visibility. Both invite attention. Both encourage occupants to take up space unapologetically. Yet where Pride design often celebrates authenticity and self-expression, Trump’s decorating style is frequently criticized for prioritizing conspicuous luxury over cohesion and refinement.
The result is an interior style that many people would consider delightfully outrageous and others would consider a decorating nightmare. Either way, nobody is likely to forget it.
In the end, a Pride-inspired interpretation of Donald Trump’s famously over-the-top aesthetic would be colorful, glittering, excessive, and impossible to ignore. It would break nearly every rule of minimalist design while embracing the philosophy that if something is worth doing, it is worth overdoing. Whether one sees that as fabulous or tacky may depend entirely on how much gold leaf and rainbow velvet one can tolerate in a single room.
Valerie M. Blake is a licensed associate broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
While one would hope it’s easy to calculate a break-even point for a home purchase – such as you could calculate for “how many widgets a month do I need to sell to break even?” It’s not always easy when looking at the return on investment for a home purchase. Condo buildings can lose a view due to new construction next door. Weather patterns can expose deficiencies. Conversely, new dining and entertainment options in a neighborhood can cause home prices to skyrocket. The addition of public transportation and employment options can make a neighborhood more desirable. Or, as we have recently seen in the District of Columbia – an incoming presidential administration can severely affect the “vibe” of an entire city’s economy – for better or for worse.
Homeownership is not necessarily a get rich quick scheme. Most homeowners find that staying in a house for at least 5-10 years – whether owner occupied or not, makes for a significant return on their investment. An owner may not completely pay off a home in 10 years, but they might gain enough equity that they can receive quite a large check when they decide to sell or move. And the old reasoning that “your apartment rental community does not cut you a sizeable check when moving out after 15 years.” still stands. Is homeownership for everyone? Absolutely not. But many have reported other benefits besides purely financial gains. What are those benefits?
- Feeling a sense of community. – homeowners tend to take more pride in their buildings and neighborhoods, because they feel more invested and tend to want to protect their investment. Neighborhood watch programs, getting to know elderly neighbors, forming building wide or cul-de-sac wide favorite TV show watch nights, super bowl parties, and other such communal and social ties lead to an overall sense of wellbeing and help to stabilize a nervous system in uncertain times.
- Feng Shui? Well, maybe there’s something to it. If you have been wanting to customize your own home but live in an apartment, there are many more restrictions on what you can do in a rental, than when you own your own home. Do you want new countertops? Would you love to remove that popcorn ceiling? Open up that kitchen? Convert the back yard into a curated patio/cold plunge/hot tub time machine cookout/spring break adventure campsite of your wildest dreams?
- Forming longer lasting relationships – sharing that CostCo membership with others on your floor, making a pan of lasagna and inviting the neighbors over for dinner, picking your neighbor’s brain for stock investment advice, asking your neighbor’s son to help you create a marketing plan for your new business, hosting the Friendsgiving you dreamed of – there are multitudes of reasons and ways that homeowners tend to feel a sense of community, sharing of resources, and realizing over time that “it takes a village.”
- Higher civic engagement – Studies have shown that homeowners tend to be more politically active in their districts, participate in local school boards, know the names of and how to contact their local representatives to affect change, etc. Having a higher financial investment in and a commitment to stay in a neighborhood beyond just one or two years makes a big difference in who decides to show up at election time, especially for local elections.
If you would like to know more about the research on homeownership, feel free to read the report from the National Association of Realtors here.
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
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