Legal Question in Real Estate Law in Maryland

property lines in a development

my neighbor has a shed which is over my property line not much but it is over the line i was told that there has to be a 5 ft. varience when a shed is built on the property -we have an association but i don't think they want to get involved what recourse do i have ? thanks mike herbert


Asked on 4/27/09, 10:28 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: property lines in a development

If your neighbor refuses to relocate his shed to his side of the property line, you can take him to court on a nuisance action to get an order requiring him to move the shed. If the shed has been there for 20 years, he may claim a right to the land it's on by adverse possession. If the variance violation is of a county setback requirement, it could be brought to the attention of the zoning commission to see if they will issue an order to remove it, which would presumably solve the boundary dispute as well. If you're referring to an HOA regulation, you would have to make a formal complaint to them, and the bylaws should provide for some adjudicatory process.

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Answered on 4/28/09, 9:38 am


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