Legal Question in Real Estate Law in Maryland

I have lived in my home for 25 yrs now. Approximately 20 years ago I built a small retaining wall along one of my side property lines. It came out perhaps a foot over the property line and was brought to my attention by the home owner. At that time we (verbally) agreed that it was not an issue.

I just now put up a fence along the same property line, and the son in law came over to tell me that the retaining wall is over the property line and has to be moved. This is 20 years after the fact. The old man who I reached the agreement with is deceased and no record of our conversation exists. So, this family knew of the violation when the wall was built and did not pursue any action to have it moved at the time. Now it has become an issue to them, I don't know why. Is there a statute of limitations here, that after all this time has passed and they have obviously been accepting of the wall's location all these years?


Asked on 12/23/11, 3:04 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Hello and thanks for your post. Such issues tend to rely very heavily on the specific facts and sometimes require litigation to resolve, but the short answer is unless one has a legal right to use another person's land by easement or has somehow acquired ownership of that land by adverse possession, the owner can generally revoke permission.

To get property by adverse possession, Maryland law requires that the use be "hostile" over the entire 20 year period so typically a situation where a neighbor gives permission to use part of their land will not support an adverse possession claim. Other claims for an easement might exist.

You may wish to seek legal counsel and/or try to obtain an easement to use the foot or so of your neighbor's land. I hope that this post helps but please understand that the general information offered does not make you a client nor should it substitute for getting legal advice on the specifics of your particular situation.

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Answered on 12/23/11, 6:15 pm


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