If I bought a house that has a fence over the property line into my neighbor’s yard, what are my rights and recourses?

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If I bought a house that has a fence over the property line into my neighbor’s yard, what are my rights and recourses?

Surveys show this; the fence has been in place for about 15 years.

Asked on March 16, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the fence that you are writing about intrudes upon your neighbor's property giving you more land to use than what the legal description states for your parcel, it is possible that if the prior owner of your property knew of this issue for the past five (5) plus years, there may be a prescriptive easement allowing you to use this extra land for the future.

I suggest that if you want to continue using the land as your predecessor did, that you can do so. Or, you can take back the fence line to the correct boundary line. Your call. You might consider consulting with a real estate attorney on the subject if you have further questions.

 


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