Legal Question in Real Estate Law in Maryland
I live on a private road with 9 other families. One family constructed a 10 ft wooden fence on a very sharp right turn. The fence is built in the right of way and creates a blind spot, (safety hazard). Our home owners association has requested many times over the last 10 years the fence be removed or at least lowered. Because the road is not owned/maintained the county our local government will not suggest any recourse.
Can we give notice and cut the fence down?
1 Answer from Attorneys
If by "we", you mean the home owners association, probably so. I think 10 years of warnings is long enough. One last letter stating that the owner has 10 days to remove it or the Association will do it at the owner's cost should do the trick. Make sure your declaration allows for it first. In other words, before you do any letter writing or fence cutting, make sure you consult a lawyer (like me!) who has experience in these areas.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********
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