Legal Question in Real Estate Law in Maryland

What is the legal definition of a fence versus a privacy screen? My neighbors installed a stretch of fencing material to create a privacy screen without requesting the required HOA approval in advance in order to sell their house. The HOA is calling the object a "fence" to match provisions in the bylaws that precludes a homeowner from needing approval in advance.


Asked on 4/11/13, 6:27 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

A fence is generally considered to be a barrier between 2 properties. A privacy screen generally refers to something installed within a property to provide privacy to a particular area. A person could presumably install something in an exterior area for the purpose of privacy, but if it also functions as a barrier, it would seem to meet the definition of a fence. If your bylaws do not require approval of one but do of the other, this seems like something you should seek to change through the amendment process.

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Answered on 4/12/13, 6:58 am


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