Fence post inside neighbor's property in Maryland

[rolo866]

Hi,

We are having a property line dispute in MD over a backyard fence (neighbor's) and a fence and gate on our property that butts up next to their fence ( this effectively gives a finished, completel look between our two houses.

In putting in a raised bed up what I thought was the property line I had my neighbor come over to tell me that our fence post that was next to their fence (our fence runs between theirs and our house - nowhere else) had been moved - that there had been a 5" gap previously. Their fence appears to be 5" off the line. Of course nothing has moved, she is trying to make a stink about nothing. The fences have been there for 4 years at this point.

My question - since the one post is technically on their property (and nothing else) and is not "interfering with their enjoyment" of their property, what standing do they have to force us to move it? I would think that since it's been there for 4 years that would be ridiculous but this is not a rational person we are dealing with. I was able to MOVE my raised bed (not easy) 7 more inches so it is definitely off the line. I was worried that if it even TOUCHED the line they could force us to rip it out.

I looked into a survey (we had our corners marked when we built but only can find one on that side) but it would be $500-$800 just to establish the boundary. Since my raised bed is fine - I am inclined to let them pay for a survey if they so want to push this issue.

Any insight would be appreciated...

[Mr. Knowitall]

If it's on their property, it's a trespass. Still, I doubt they would try to take you to court over a single fence post, and they would need a survey to prove the trespass in court. Why are they so worked up about this?

[rolo866]

What I neglected to say was this neighbor is a bit, let's say, irrational (generous). In addition to coming over to tell me about the fence she accused me of throwing dog poop over their fence, witnessed by no less than 4 neighbors. There are some inherent problems with this, not the least of which are that I didn't do it.

1) I have no dog. Therefore I would have go in search of poop before committing said offense

2) Neighbors are unnamed, our backyard is down a hill from the street and backs to woods so would be relatively difficult to see from the road.

3) Given the act of throwing poop, I would estimate I would have to spend HOURS in this act before 4 separate neighbors would be able to witness this.

The more relevant issue is that the SAME FENCE COMPANY put in the fence for us, butting it up against theirs. They either went by the markers we had surveyed or did their own, but regardless they had the information. It is customary to have a fence line be continuous, rather than having a 5" gap.

SO - having said all that... you can see why I am not inclined to do anything at this point. My survey company came back with a $600 estimate JUST to reidentify the corners (already marked) and identify the boundary.

Again, it has been that way for 4+ years at this point.

Thoughts? Nothing has come in the mail yet. I saw another poor soul with a raised bed issue like mine - I fortunately was able to move mine 7" off what I estimate is the property line. I am now comfortable continuing the construction.

Thanx...