Fence on "Only Visible on Records" Paper Alley Between Properties

[gwlaw99]

My question involves real estate located in the State of: Maryland

My backyard abuts my neighbor's back yard, but there is 15 feet of county alley between our properties (we both had boundary surveys done). The alley is invisible and it looks like out backyards abut each other. I want to put a fence in the middle and split the alley 50/50 and she does not. Any thoughts on whether I can do this?

If this means anything. Some of my other direct neighbors have fenced in alley so that it completely on their property and one neighbor split the alley with me.

[LandSurveyor]

You will have to petition the county to vacate the alley, in which case it will be split down the middle and attached to your lots.

The neighbor and others possibly affected by the vacation can object, and the neighbor can probably stop it. I wouldn't go to the expense unless the neighbor agrees. You will have legal and survey costs up front, whether you prevail or not.

I'm not familiar with the specifics of vacating public right of way in Maryland, so you will need advice from a local attorney.

[gwlaw99]

Could the neighbor rip down a fence in the alley or would they have to get the county or court involved?

[LandSurveyor]

Could the neighbor rip down a fence in the alley or would they have to get the county or court involved?

Probably. The fence would remain your personal property and the remains would have to be returned to you.