Legal Question in Real Estate Law in Maryland

Fence ownership

How do I determine who owns a fence if it is not recorded in a survey or deed? A section of fence between myhouse and my neigbors has fallen into disrepair. The neighbor insists that the fence is not a part of their property even though the fence posts are on their side of the fence.


Asked on 3/06/06, 12:55 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Fence ownership

You could hire a surveyor to come out and update the survey to include the fence. If it's right on the property line, it would be the responsibility of both owners to maintain it; otherwise it should be the responsbility of the owner whose property it's on. If it's on his property, and you agree to share the cost of repair, maybe the neighbor will go along with it.

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Answered on 3/06/06, 2:07 pm


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