Legal Question in Real Estate Law in Maryland

Boundary fence, personal injury dispute with neighbor

I have a boundary dispute with a neighbor who knocked down fencing along our property line and replaced it with another fence. The neighbor does not own the

property that borders ours, but is using part of the bordering lot in combination of his own to make up a horse pasture. We don't know what rights of use he has

been granted on the bordering property, if any.

The fence he knocked down was 3 board wood fence. It belonged to us. We just completed a boundary survey at our own expense to confirm this.

Our horse was fatally injured on the replacement wire fence. A material we would not have agreed to using.

We've moved another horse off the property to a boarding facility until we can resolve the issue and insure its safety.

Is the neighbor liable for damages for the destruction of our old, yet standing wood fence, the loss of our horse, and/or the cost of boarding the other horse off-site until this is resolved?

Thanks,


Asked on 2/16/01, 3:36 pm

1 Answer from Attorneys
David Lease Smith, Lease & Goldstein, LLC

Re: Boundary fence, personal injury dispute with neighbor

I am new to LawGuru and have just received your question. With respect to the fence issue, if the wood fence were on your property, you generally would be entitled to the value of that fence and any incidental damage to your property.

Recovering for the loss of your horse will depend on several factors. Some of those factors would include whether a reasonable person would recognize the danger imposed by the new fence to your horses and the manner in which your horse was injured by the fence.

If the new fence is dangerous and boarding your other horse is a reasonable and cost effective method to protect the horse from harm, you may be able to recover those expenses. If other less expensive alternatives exist your damages may be limited.

I would be happy to discuss the matter with in more detail.

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 4/02/01, 11:03 am


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