Brandywine, MD asked in Real Estate Law and Land Use & Zoning for Maryland

Q: Does a given property have the rights to remove a boundary fence at one end of his property to gain access to the r/w?

If a section of a common right of way is designated for the use and benefit of one property (B), can property (A) gain access to the common right of way from the far side of his property where it is designated for the use of property (B), just because it adjoins his property along the boundary? A boundary fenced was erected to indicate no access across boundaries at this point, but was removed by the owner of property (A) in effort to extend his property line and to gain access to the road of the right of way from this point. This section of the common right of way does not benefit property (A); it just run along the perimeter of the property. Property (A) can access the common right of way from any point alone one side of the property without using the extended section of the right of way designated for property (B).

1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
  • Real Estate Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: If I understand your question, A owns the land over which an easement exists for the benefit of B. A has removed a fence marking the easement. If that is the fact pattern, then A has rights to access her own land. A is obligated not to interfere with B's reasonable use of the easement. The flip side of that proposition is that B, the owner of the dominant estate, has only a right of use (within the terms of the easement) and not a right to exclude A, the owner of the underlying fee, or servient estate.

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