Legal Question in Real Estate Law in Maryland

I'm having a dispute with my neighbor regarding the property in the front of my house. There is about 20 feet of realestate on my deed that is reserved for a utility easement. As I understand a utility easement is basically me giving partial rights to the utility company to use my land. The problem is that my neighbor says its a common area and that he can use it too (he even installed a fence and sprinkers there without a land survey or our permission), but he encroaches on it every week and tells me what i can and cannot do there. What grounds does he have to say this to me, there was a land survey done and even that doesn't satisfy him.


Asked on 4/02/10, 7:25 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your neighbor is incorrect in saying that a utility easement converts your property to a common area. If he put a fence on your property, that constitutes an encroachment, and you could take him to court to make him remove it. You could inform him (in writing preferably) that if he doesn't remove his fence, you will take legal action or take it down yourself and sue him to recover the cost.

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Answered on 4/07/10, 8:01 am


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