Legal Question in Real Estate Law in Maryland

Question about right-away infringement

My house sits off of a county road and is only accessible via an 18'' right-away. My neighbor closer to the road has started to build a gargage that infringes on this right-away. My question is -could this infringement have an effect(price or title problems)on my ability to sell this property? What recourse do I have? The county permit department told me it is out of their purview?


Asked on 5/07/03, 10:10 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Question about right-away infringement

If your right of way is impaired by the neighbor's garage, it would certainly seem that this would have a negative effect on both the value of your property and it's marketability. You may have to bring a breach of covenant action against the neighbor and seek immediate injunctive relief by way of a restraining order if the neighbor won't cease and desist or move his project off the right of way. I strongly urge you to contact a real estate attorney for assistance.

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Answered on 5/07/03, 12:31 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Question about right-away infringement

Based on the question I recommend you consider filing for a right of easement based on use or prescription. If the building of the improvement has begun then you still may have action to sustain. A plat of the property and any covenants that run with the land will be needed to review your matter further.

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Answered on 5/27/03, 10:34 pm


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