Q: My neighbor put a fence in my yard which was damaged who is responsible?
I have had an ongoing dispute with a neighbor. I live in Prince George's county Maryland. My house and my neighbor to the rear are new homes in an old subdivision. My neighbors home was built first mine second between the two plats was originally a 10 ft grass alley however the county deemed it abandoned property and grandfathered in into our lands. between my neighbor and I we are both to receive 5ft added. My neighbor took the entire 10 feet and put a fence up. My current site plan still shows this property as "alley" but the county has assured me its still my property. I filed a complaint and the county is taking her to court to have the fence removed. Currently the fence sits in my 5 feet of land and was damaged (painted) the owner is attempting to file a police report. Technically she is trespassing correct? who is responsible for the damage on her fence even though it is on my property?
A: This is a very common issue we see in our title insurance litigation practice involving adverse possession, trespass and injunctive relief. Seek a court order to protect you before exercising self-help to remove the fence. It is safest to have a judge declare your rights in an order that will be in the public record forever.
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