As a fence company, we hear numerous tales of property line disputes between neighbors. Someone may have installed a fence too far one way or the other, or the fence has been there for ages and it is over the line, or a new neighbor recently moved in and discovered a discrepancy in property lines. Using our 41+ years of experience, we would like to share some tips that might help you resolve or avoid such boundary line disputes between you and your neighbors, specifically when it comes to fencing.
Get a survey
Property line claims should always be backed by a professionally staked boundary survey. Paper “location drawings” showing pin placement and distances do not hold the same authority as physical stakes. If stakes cannot be located by the surveyor, he or she will place them. Property stakes placed by a licensed surveyor are legally upheld. Removing, moving, or damaging property stakes is illegal and punishable by a fine of up to $2,500 in the state of Maryland.
Obtain all necessary HOA approvals and building permits
If applicable in your area, it is highly necessary to have fencing or any other construction work approved by your HOA and governing municipality. Failure to obtain the proper permits for your fence will be ammunition for your disputing neighbor to use against you. Your neighbor will have to opportunity to report you to the county/city/town or HOA if you did not go through the proper approval processes, resulting in fines. Government involvement in property line disputes is discussed more below. If you are unsure of what height and type of fencing is allowed in your area, you can reach out to your County, City, or Town and ask for the zoning or planning department. They will be able to provide guidance.
County authority or police involvement
In our experience, the County will avoid getting involved in property line disputes. For example, Montgomery County states on their website that “any dispute as to whether a fence has extended into a neighbor’s property or questions about the location of property lines is a legal matter to be resolved by the property owners.” So, it is unlikely that someone can get much support from government authorities. If you have obtained a survey with stakes and the offending neighbor tries to move them or refuses to vacate the property they are encroaching on, you may need to enlist the help of the police. They can enforce the legality of your boundary survey and stop trespassing.
Discuss options and Consider Compromising
The best scenario for conducting changes that will affect both you and your neighbor starts with communication. Shared fences, for example, greatly impact both sides. When possible, discuss fence replacements with your neighbor. Maybe they would be willing to share the cost with you or allow you to have your pick of fencing if you offer to pay for it entirely. Your neighbor might also be interested in additional fencing on their side. Ask your fence company if they offer a discount if the work can be done at the same time.
Need more neighbor-friendly fence advice? You can check out one of our other blogs by clicking the link below:
