Legal Question in Real Estate Law in Maryland

Our neighbor is replacing her fence between our properties. She plans to place it exactly where the current fence is, which is on our side of the survey line. I had the line surveyed in 1991 and informed the previous owner to respect the survey line when he replaced his fence. I informed the new owner of this in 1999. In 2007 I had the line surveyed again to place stakes at points in line because the neighbor said she was going to replace the fence. They are now replacing the fence and ignoring the survey line. Since I have talked to them twice about this I don't see a third time as being productive. The fence is 630 ft long and 10' on my side of the survey line at one end and on the line at the other end. Our property is in Howard County, Maryland. What can I do?


Asked on 4/10/10, 8:12 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your neighbor probably feels they have gained ownership of the strip on their side of the fence under a doctrine known as adverse possession. That doctrine says that if someone occupies your property "openly and notoriously" for 20 years, the owner of record's right to reclaim their property expires. It sounds like this fence has been there that long from your facts, and that you were aware of it since '91, but you may have some defenses. You could go to court and file a nuisance action, and ask the court at the outset to enjoin construction of the fence until the issue is settled. Then you will find out if this is the basis of their claim. Contact an attorney in your area familiar with land use issues.

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Answered on 4/16/10, 6:45 am


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