On September 3, 2025, the Appellate Court of Maryland affirmed a prior victory by Silverman Thomspon real estate and appellate lawyers in the Circuit Court for Howard County, with instructions that the trial court issue an order declaring the property rights of adjoining landowners consistent with the appellate opinion.
This article is a follow-up to a prior blog post: Circuit Court Dismisses Firm Client from 7-Count Complaint
In late 2023, Silverman Thompson obtained full dismissal of a complicated property rights case filed against the firm’s client in the matter of George Arthur Willson, II, et al. v. TDH Farms LLC. The case involved a land rights dispute over use of a barn that straddles the property line between two adjoining parcels of real estate, one of which was purchased by the firm’s client.
The 7-count complaint filed in 2022 sought, among other relief, a declaration that the firm’s client, indisputably the landowner of one parcel containing half of the barn, had no rights to the barn and must continue to allow the adjoining landowner use and access, as well as over $100,000 in alleged damages. Although the Circuit Court for Howard County ruled in Silverman Thompson’s favor, finding all seven counts pled were statutorily barred and/or failed to state a claim upon which relief could be granted, the adjoining landowner appealed the dismissal to the Appellate Court of Maryland.
On December 5, 2024, Kerri Smith argued before the Appellate Court of Maryland and asked the Court to affirm the dismissal of the lawsuit by the Circuit Court for Howard County.
On September 3, 2025, the Appellate Court of Maryland issued its written opinion affirming the dismissal of six of the seven counts and declining the invitation by the adjoining landowner to consider three new arguments on appeal. In affirming the Circuit Court for Howard County’s decision, the Appellate Court remanded the case with instructions that, to properly adjudicate the seventh count, which seeks a declaratory judgment, the trial court must enter an order declaring the rights of the parties with respect to the barn consistent with the Appellate Court’s opinion.
Please find a copy of the appellate opinion here.
Contact Experienced Real Estate Attorneys
Silverman Thompson’s Real Estate group is well-versed in real property rights and landowner disputes, as well as defending claims for quiet title, ejectment, trespass, easement, and possession. To learn more about our experience in resolving real property disputes, please visit our website.
If you have any questions about this article, or would like to discuss a potential matter related to land rights or a property dispute, please contact:
Kerri Smith, Esq.
Avery Strachan, Esq.
Bill Sinclair, Esq.