Laurel, MD asked in Real Estate Law for Maryland

Q: Neighbors new HVAC unit over the property line

I have a neighbor that wants to install his outdoor heating and A/C units over my property line. These units will be elevated and mounted on the house abouot 8 feet from the ground, The house is about two feet from the property line so he would be a foot over. Would this open me up to adverse possesion on his part? Would there be liability issues for me

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Possibly, although "permission" destroys adverse use. If you allow this, have a written agreement to demonstrate this continuing permission to future owners of both properties. A nominal rent might be included. But your neighbor should be wary of zoning laws that require set backs for A/C units. And it may violate HOA rules, too.

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