Do we have to move/tear down shed that is over our property line but has been for years?

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Do we have to move/tear down shed that is over our property line but has been for years?

We purchased home 10 years ago and the shed that came with it sits beyond the property line (approx. 12 ft). This is the first time since residing here that inquiries of this matter became an issue.

Asked on September 23, 2011 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you would need to move or tear down the shed. Whether or not it was there for years does not change the fact that it is, from what you write, on another person's property. You do not have any right to have the shed on another's property. If you do not yourself move or tear it down, the landowner of that property could sue you to force you to remove; or alternately, might be able to tear it down him- or herself and seek reimbursement of the cost from you.

Given the expense of litigation, for a small shed, it is hard to imagine that fighting this matter--especially when you would, from you  write, ultimately lose--is less expensive or more desirable than simply demolishing or moving the shed.


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