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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  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. I don't know what kind of lawyer I need to get a suicide note unsealed in Mt. Airy Maryland? Please help

January 16, 2025

A: Suicide is deemed a criminal offense; therefore, the suicide note is direct evidence in a criminal investgation. Items of evidence in police criminal files are not public records and cannot ordinarily be released, but when they can be released following the closure of the criminal proceedings or investigation, only the rightful owner is entitled to receive the evidence. As far as petitioning a court to order the note released to the family, I imagine the best person to make such a request would be the Personal Representative (also known as the executor) of the deceased person's estate. The note would have belonged to the deceased, and therefore is now an estate "asset." Only the PR of the estate has the right to take possession of the deceased's assets and then distribute those assets to the persons named in the decedent's will, or if no will, to the heirs at law. ... Read More

Q. I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.

January 16, 2025

A: They should be honored in any state your mother moves to, so long as they were legally created and signed in accordance with the state of origin. That being said, I always advise my clients to make an appointment with an estate lawyer in the state where they relocate, just to be sure their documents do not need to be updated under the new state's laws, or to address any potential issues. Of course, your mother will need to be competent to sign any new documents. This is probably more relevant to any general financial power of attorney than the healthcare POA. Florida, given its large elderly population and history of dealing with elder financial abuse, has a very robust set of laws addressing agents acting under powers of attorney, so there may be some issues that require specific language or statutorily required provisions. North Carolina, for another example, requires very specific language to transfer real property under a will, and if your out-of-state will does not contain that exact language, then the real property passes to the heirs at law as if there was no will. I believe NC may be the only state with that specific peculiarity, but it is a good idea to take your documents for a review by local estate counsel just in case. ... Read More

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