Legal Question in Real Estate Law in Maryland
Fence and property lines
Our neighbor bought the house next door 5-6 years ago and did not object to the property survey they had done at that time. Now, after a fence was installed very close to his property on his other side, he checked out his platt and now claims that his land extends beyond the current fence line on our property (which has been there at least 8 years). Does he have any claim on our property. How can we settle this once and for all?
1 Answer from Attorneys
Re: Fence and property lines
If the surveys indicate that his property line is in fact inside your fence, then he does have a claim. You would have a claim for adverse possession if 20 years had gone by before this discrepancy was discovered, but as I understand the facts it hasn't been that long since the common fence was erected. However, you don't have to accept his survey as gospel--check your own to see if it differs from his. If the 2 surveys differ as to the common property line, you may need to hire a new surveyor to try and resolve the issue. Another solution, assuming you did in fact fence over your line, is to get him to grant/sell you an easement for the particular encroachment. If it's only inches, that would make more sense than moving the fence.
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