Legal Question in Real Estate Law in Maryland
Property encroachment
I have built a fence approx. 1 ft inside of my property line due to a tree being on the property line. My neighbor would like to connect to the fence. How can I let him do this without giving up my rights to the property. We are talking about approx 160 sq ft. of property.
Asked on 4/24/08, 9:47 am
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Property encroachment
You should have an easement or right of way drawn up which gives him the use of that strip, subject to revocation by you or your successors in interest. This document would be recorded in the land records, to put subsequent owners on notice that that strip is not part of the neighbor's parcel. This will avoid a future claim of adverse possession, which could possibly result in a transfer of the strip to your neighbor.
Answered on 4/24/08, 10:34 am
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