Legal Question in Real Estate Law in Maryland

I own an inside of group townhome. When the houses were first purchased, my neighbors on both sides and I built adjoining fences. After 25 years, I am ready to replace the fence. I am having 2 pine trees and a hill removed, retaining walls built on each side to prevent their hills from eroding. Since the fence is on the property line and neither neighbor is the original homeowner, what should I do? One neighbor is agreeable to having the fence on her side removed and my fence built on our property line. The other neighbor is sometimes a problem. Should I leave the original fence and build mine next to his or should I ask him and then have him sign a paper if he agrees to me having the original fence removed and replaced with a new one? He is always a problem, but I want to do what is legal and what will enhance my property.


Asked on 3/18/10, 10:41 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Since the original fence was a joint project, you should initially seek the neighbor's cooperation in its replacement. If he is willing to share the cost of a new fence, then you'll be in the same position, although he will obviously want input into the design, specs and cost. If he is agreeable to the replacement but only at your expense, then he should sign an agreement acknowledging that you are the sole owner of the fence and retain the right to subsequently repair or replace it. If he's not even agreeable to that, which would be absurd since he would be getting a new and presumably improved fence, then you'll have to build an adjacent fence.

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Answered on 3/24/10, 6:34 am


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