Legal Question in Real Estate Law in Maryland

I live in Edgewater, MD (Anne Arundel County) when I bought my home the builder had put up a fence, he told me it had to be placed a foot off the property line because all my connecting neighbors did not have fences. Since that time they have both connected to my fence. Some people have told me if they have use of my property for more then so many years it becomes their property. Is this true with deeded land? Should I send them a certified letter letting them know that it is my property and if and when I decided to replace the fence or sell my home I will put the fence on the property line and/or the new owners would be notifiied about the about the property line.


Asked on 7/08/10, 10:29 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Under a legal doctrine known as adverse possession, if the adjoining property owners who connected to your fence waits 20 years after doing so, he can claim ownership of the strip between your property line and the fence. Your builder could have placed the fences on the line. What you should do now is ask the neighbors to waive their adverse possession claims in favor of easements to use the area on your property as they have been doing. If they refuse, you can move the fence. Merely notifying the new owners after a sale doesn't solve the problem.

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Answered on 7/13/10, 11:03 am


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