Property Line and Fence Laws in Maryland

Property line and fence laws in Maryland regulate property boundaries, fences, and responsibilities between neighbors.

You just bought your dream house in Maryland and are settling in. The next thing you know, you get a note from your neighbor saying that your fence posts are on their property and they want you to move them. Do you have to move the fence? Can your neighbor force you to pay for a new boundary line fence?

Maryland's property line and fence laws may help resolve common disagreements by explaining fence owners' rights and responsibilities. This article discusses how Maryland's fence laws impact your duties toward your back and front yard fences and your neighbor's property.

If you're dealing with a neighbor dispute and aren't sure what to do, contact a local real estate attorney. We've also collected links to helpful FindLaw articles on pertinent topics at the bottom of the page.

Maryland Property Line and Fence Laws: Summary

There's a lot to know about Maryland's laws on property lines, boundary lines, and fence disputes. Because they can differ between jurisdictions, familiarize yourself with local ordinances and county codes, including the fence or building permit requirements.

If you live in a community with a homeowner's association (HOA), you should also consult the HOA bylaws.

State Statutes

• Maryland Code § 5-409 Harming another property owner's trees
• Maryland Code § 6-403 Criminal trespass
• Maryland Code § 14-602 Action to quiet title and resolve adverse possession claims

Nuisance Law

In Maryland, a person can bring a private nuisance claim against substantial and unreasonable conduct or conduct they find offensive or inconvenient. To prove their claim, they must demonstrate that your conduct causes real, substantial, and unreasonable damage to their property or interferes with their ordinary use and enjoyment.

Local Fence Regulations

• Baltimore County Government Zoning FAQ
• City of Baltimore Permits
• Montgomery County FAQ Zoning
• City of College Park Fence Regulations
• Howard County Planning and Zoning

Maryland Fence Law Basics

Maryland doesn't have specific statutes related to fences. Instead, the state follows the common law practice that a fence on a boundary line belongs to both property owners as long as they both use the fence and there isn't an agreement stating otherwise.

A property owner is said to use a fence when they either "hook up" to an existing fence or keep animals in the fence's enclosure. If a homeowner erects a fence for their exclusive use, they own the fence and are solely responsible for maintaining it.

When you purchase a new home, you assume the rights and responsibilities associated with all existing fences. This means that if you buy a property with a co-owned fence, you must continue maintaining your share of the fence.

If a new homeowner has a fence installed along a boundary line, they must ensure they complete the requisite permit applications. They must also confirm that the fence does not encroach on their neighbor's property. If the new fence crosses the homeowner's property line, the adjacent property owners may have a right to use or change the fence.

Local Ordinances and Zoning Rules Affecting Fences

Regardless of where you live in Maryland, you must check that your fences align with all property boundaries. The best thing to do is to contact your local building code enforcement offices to confirm existing property lines.

The local zoning and planning offices should be able to identify any easements, covenants, or rights-of-way existing on your property. They can also inform you whether you reside in a historic district with more stringent requirements.

It's a good idea to consult your local and county boards for permission to build a swimming pool or fences in either your side yard or corner lot. It much better to find out about issues before you start installation.

Maryland Spite Fence Law

A spite fence is a fence that a property owner builds to spite or annoy their neighbors. Maryland does not have a specific statute dealing with spite fences. Instead, state or county nuisance laws govern the erection and legal issues surrounding spite fences.

If a neighbor sues you over a spite fence, the court will apply a balancing test to determine whether the adverse effect on the neighbor's use and enjoyment of their property outweighs the value of the structure to the fence owner.

Trees Along Property Lines

It's not uncommon for neighbors to complain about overhanging tree branches and invasive root systems. Maryland law holds property owners responsible for caring for and maintaining any trees on their property. If a resident fails to do this, the court may agree there is a nuisance and hold them liable for damages.

There are several other tree laws in Maryland, including:

• Maintain your trees so that they do not damage another person's property
• If a neighbor's tree branches or roots encroach on your property, you can trim them back to the property line
• You may be liable for treble (triple) damages if you destroy or cut down a neighbor's tree
• The courts determine ownership of a tree by the location of its trunk
• Trees on a boundary line are joint property, and no one neighbor can decide to remove them

Related FindLaw Resources

• Neighbors: Property Views and Tree Law
• Property Line Disputes: 5 Legal FAQs About Trees and Fences
• Building a Fence? Don't Offend Your Neighbors
• Fencing on Property Line: Who Pays for It and Maintains It?

Seek Legal Advice for a Property Line Dispute

If you're like most homeowners, you'll live in your house for years. You don't want to destroy your relationship with a neighbor over a fence or tree. When troubles surface over a fence or property line that deny an easy solution, consider speaking with a local real estate attorney for help.