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This entry was published on 2014-09-22
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Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 6
§ 611. Where action cannot be maintained: dower; property not
exceeding six inches in width; by mortgagee. The action cannot be

1. Where an action for dower may be maintained.

2. Where the real property consists of a strip of land not exceeding
six inches in width upon which there stands the exterior wall of a
building erected partly upon said strip and partly upon the adjoining
lot, and a building has been erected upon land of the plaintiff abutting
on the said wall, unless said action be commenced within one year after
the completion of the erection of such wall. But an action may be
maintained if commenced within the further period of one year, for the
recovery of damages by reason of the erection of such wall, and upon the
satisfaction of the judgment for such damages the title of the plaintiff
to such strip of land shall thereby be transferred to and vest in the
defendant. If an action for the recovery of real property or damages is
not brought within the period hereby limited therefor, the person in
possession of such lands shall be deemed to have an easement in said
strip of land so long as the said wall partly erected thereon shall
stand, and no longer, and in case of the destruction of such wall the
owner of such strip shall have the same right to take or recover the
possession thereof as if such wall had never existed.

3. By a mortgagee, or his assignee, or other representative.