Severna Park, MD asked in Real Estate Law for Maryland

Q: We are closing on a home next week. Just found out that the survey of the property stipulate that the 2sheds in the fenc

In the fenced back yard are in a "do not disturb zone". What did that actually mean? The house has a highway on the back.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Both the state and individual counties have zoning restrictions affecting development of land in certain protected spaces, including woodlands, wetlands, and along highways, among other locations. These are usually defined as restricting building and cutting of trees or clearing vegetation within a set distance (feet) of some border area. It is not possible to guess based on your description what the specific issue is, without reviewing the survey and what code/statute/zoning restriction is referred to, what county the property is in, etc. What it means to you is that you have an improveent built on your land which is not an approved building, unless it was constructed before the particular zoning restriction was enacted and was grandfathered in. As the owner, you may at any time be cited for a violation and a fine, plus an order to remove the structures and restore the land to its original state. There is a procedure to request a variance, but that is not necessarily likely to succeed, and will of course act as a clear notice to the zoning authorities of the violation and trigger regulatory action. How you want to deal with this in relation to your purchase is up to you. Many zoning violations go unnoticed, and perhaps this one will never result in action. However, you may demand that the sellers move the structures to a legal location, remove the stuctures entirely, or compensate you in some way for the potential future problem (or for the reduced value of the property without the structures).

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