Legal Question in Real Estate Law in Maryland

Property line - fence encroachment

I just bought a home in Maryland and recently had a survey of my property done. I found out from the survey that the fence that the previous owners installed encroaches on my neighbor's property. Would the prior owner be liable to pay for moving the fence to the correct property line? Can I sue the prior owner for misrepensentation of the property?

Thanks.


Asked on 6/28/05, 5:11 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Property line - fence encroachment

You do not have a claim against the prior property owners. You should have had a survey done before going to settlement, which presumably would have revealed the encroachment. If you put a mortgage on the property, a survey should have been required by the lender in order to place title insurance on the property. A seller is only liable to the buyer if he conceals property defects that the buyer cannot discover by using reasonable diligence. That's not the case here.

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Answered on 6/28/05, 5:36 am


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