Towson, MD asked in Real Estate Law for Maryland

Q: Neighbor claiming some of our yard that is fenced in is his, Fence has been there for 20 + years we just purchased house

What should we do? We where never told by the sellers of the home or anyone else that some of the land belong to the neighbor.

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

A: You may have a counterclaim for adverse possession. As the new owner, you get to add the prior owner's time of possession to yours. But this is not self enforcing. You must take the claim to court if it cannot be negotiated. Did you have a survey done? Have you made claim on your title insurance?

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