Maryland Neighbor Disputes: What to Do When a Fence Encroaches on Your Property

🏡 Maryland Neighbor Disputes: Navigating Fence Encroachments

Boundary disputes, especially those involving fences encroaching on property lines, are a common source of conflict between neighbors in Maryland. Understanding your rights, responsibilities, and available options is crucial to resolving these disputes peacefully and legally. This article provides a comprehensive guide to dealing with fence encroachments in Maryland, offering practical advice, potential compensation strategies, and legal considerations.

🔍 Determining the Property Line: The Foundation of Your Case

The first and most critical step in any fence encroachment dispute is establishing the accurate property line. Relying on memory or assumptions is a recipe for disaster. Here's how to definitively determine your property boundaries in Maryland:

• 📜 Review Your Deed: Your deed is the primary legal document describing your property. Carefully examine the property description, which should include references to surveys, plats, or metes and bounds.
• 🗺️ Check the Plat or Subdivision Plan: These documents, often recorded with your deed, provide a visual representation of your property boundaries, including dimensions and relationships to neighboring properties. You can typically find these at the county land records office.
• 📍 Conduct a Professional Survey: Hiring a licensed Maryland surveyor is the most accurate way to determine your property line. A surveyor will use precise instruments to locate your property corners and create a new survey plat or verify existing ones. This is often the most expensive option but can prevent future disputes.
• 🏛️ County Land Records: In Maryland, all property records are kept at the county level. You can visit the county's land records office (often within the courthouse) to access deeds, plats, and other relevant documents. Many counties now offer online access to these records.

🚫 What Constitutes a Fence Encroachment in Maryland?

A fence encroachment occurs when a fence is built on or extends onto your property without your permission. This can happen unintentionally due to errors in construction or outdated surveys, or it can be intentional. Even a seemingly minor encroachment can lead to legal and financial complications.

Key Indicators of a Fence Encroachment:

• 🚧 The fence is located on your side of the established property line.
• 📏 The fence deviates from the boundary line described in your deed or survey.
• 🌱 The fence obstructs your access to a portion of your property.

🗣️ Initial Steps: Communication and Negotiation

Before taking legal action, it's always advisable to attempt a friendly resolution with your neighbor. Open communication can often resolve misunderstandings and prevent costly litigation. Here's a suggested approach:

• 🤝 Talk to Your Neighbor: Schedule a face-to-face conversation to discuss your concerns calmly and respectfully. Explain why you believe the fence is encroaching and present your evidence (deed, survey).
• ✍️ Send a Written Notice: If a verbal discussion doesn't resolve the issue, send a certified letter outlining the encroachment, referencing the relevant property documents, and requesting the neighbor to rectify the situation. Keep a copy of the letter and the return receipt.
• 🤝 Consider Mediation: Mediation involves a neutral third party who helps facilitate communication and negotiation between you and your neighbor. This can be a cost-effective way to reach a mutually agreeable solution. Maryland offers mediation services through various organizations and county programs.

⚖️ Legal Options and Remedies in Maryland

If communication and negotiation fail, you may need to pursue legal remedies to address the fence encroachment. Several legal options are available in Maryland:

• Action to Quiet Title: This lawsuit asks the court to determine the rightful owner of the disputed property. It's a comprehensive way to resolve boundary disputes and establish clear ownership.
• Ejectment Action: This lawsuit seeks to remove the encroaching fence from your property. You are essentially asking the court to order your neighbor to remove the fence.
• Trespass Action: This lawsuit seeks monetary damages for the unauthorized use of your property by the encroaching fence. The amount of damages will depend on the extent of the encroachment and the harm it has caused.
• Declaratory Judgment: This action asks the court to declare the rights and obligations of the parties regarding the property line and the fence.

Important Note: Maryland has a statute of limitations for property disputes. Generally, you must bring a legal action within 20 years of the encroachment. Consult with an attorney to determine the applicable statute of limitations in your specific case.

💰 Potential Compensation and Damages

Depending on the nature and extent of the encroachment, you may be entitled to compensation or damages. The following factors can influence the amount of compensation:

• Diminution in Property Value: If the encroachment reduces the value of your property, you may be able to recover the difference in value.
• Loss of Use and Enjoyment: If the encroachment prevents you from using or enjoying a portion of your property, you may be able to recover damages for the loss of use and enjoyment.
• Cost of Removal: If you are forced to remove the encroaching fence yourself, you may be able to recover the cost of removal.
• Legal Fees: In some cases, the court may award attorneys' fees to the prevailing party. However, this is not automatic and depends on the specific circumstances of the case.

🛡️ Defenses to Encroachment Claims in Maryland

Your neighbor may raise certain defenses to your encroachment claim. Understanding these defenses is crucial to preparing your case:

• Adverse Possession: If your neighbor has openly, notoriously, continuously, and exclusively possessed the encroached area for 20 years, they may be able to claim ownership of the land through adverse possession. This is a complex legal doctrine with specific requirements that must be met.
• Acquiescence: If you knowingly allowed the fence to remain in its current location for a significant period of time without objecting, the court may find that you acquiesced to the boundary line.
• Laches: If you unreasonably delayed in bringing your claim, and your neighbor has been prejudiced by the delay, the court may dismiss your claim under the doctrine of laches.
• Boundary Line Agreement: If you and your neighbor previously entered into a written agreement establishing the boundary line, that agreement may be binding.
• Easement by Prescription: Similar to adverse possession, if the neighbor used your land openly, notoriously, continuously, and adversely for 20 years, they might have established an easement by prescription.

🚧 Building a New Fence: Maryland's Fence Laws

If you are planning to build a new fence in Maryland, it's essential to understand the state's fence laws and local ordinances. While Maryland doesn't have a statewide "fence law" that dictates specific fence requirements, some counties and municipalities have their own regulations regarding fence height, materials, setbacks, and permits. Also, Maryland follows the "Spite Fence" doctrine, which prohibits fences built maliciously with the intent to annoy a neighbor.

Best Practices When Building a New Fence:

• 📜 Check Local Ordinances: Before starting construction, contact your local zoning office to determine any applicable fence regulations.
• 🤝 Communicate with Your Neighbor: Discuss your plans with your neighbor beforehand to avoid potential disputes. Even if not legally required, this is a sign of good faith.
• 📍 Obtain a Survey: Ensure that the fence is built precisely on your property line to avoid future encroachment issues.
• ✍️ Obtain Necessary Permits: Many jurisdictions require permits for fence construction.

🤝 Preventive Measures to Avoid Fence Disputes

Preventing a fence dispute is always preferable to resolving one. Here are some proactive steps you can take:

• 📍Regular Property Line Checks: Periodically review your property lines and compare them to existing fences or other structures.
• 🤝Open Communication: Maintain open and friendly communication with your neighbors.
• 📜Document Everything: Keep records of all communication, surveys, and agreements related to your property boundaries.
• 🚧Professional Installation: Hire a reputable fence contractor who understands local regulations and can ensure accurate fence placement.

🏘️ Resources for Maryland Property Owners

Maryland provides resources to help property owners resolve boundary and fence disputes.

• 🏛️County Government Websites: Most Maryland counties have websites with information about property records, zoning regulations, and dispute resolution services.
• 🤝Community Mediation Centers: These centers offer mediation services to help neighbors resolve disputes peacefully.
• ⚖️Maryland State Bar Association: The MSBA can provide referrals to qualified attorneys specializing in real estate law.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.