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  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Default Property Line Dispute and County Easement

    I live in Maryland and have owned our house for over 15 years. Our neighbor has lived in the house next door for 35 years and is the original owner.

    A year ago we did a remodel that involved replacing the driveway. We obtained all the necessary approvals from local and state entities. During the remodel, our nieghbor had a survay done and staked out his property line. Since it didn't seem to change anything, I ignored it.

    Later I discovered that the nieghbor was going to enforce his property line down to the street in the front yard. By following the new line it would actually intersect my new driveway near the street. The neighbor proceeded to dump dirt and mulch right up to the driveway to make their claim.

    I objected since I had obtained all the necessary paperwork and had pictures to prove that my driveway did not extend any farther than it had prior to the remodeling. Eventually they called the police and the police said that the property did not belong to either of us since the 10 feet adjacent to the curb was county easement.

    As you can imagine, this did not make anyone happy and since reclaiming my property the neighbors put their trash and recycling on my side of the property and I keep throwing it back. They walk through my yard to do this and have also told their yard cutting crew to use my driveway to access their yard.

    There is a large tree (35 yr. old),a cable box and an in-ground telephone box that has, up until now, defined the property line. I also have my plot drawing that shows the space that should be between our properties.

    Are the police right when they say that the property belongs to no one? Also, since the property line was never in dispute up until now, can I leagally fight their encroachment?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Property line/county easement

    Quote Quoting Kurt Meyer
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    Are the police right when they say that the property belongs to no one? Also, since the property line was never in dispute up until now, can I leagally fight their encroachment?
    they can always fight such an enroachment until a court tells them to stop. By renewing the drive, you may have opened a can of worms.

    It makes no difference what permits you had. I would bet they state either on them or on the app that this does not make a claim that the property is actually yours or something such. They do not meausure to be sure where the lines are. If you claimed it was within your lot, then they often simply accept that. They are not liable for you not knowing where your property line is.

    as to the cities easement; it is just that, an easement. that does not mean it becomes public property simply the city is allowed to utilize it as the easement allows. Your property is still yours and the neighbors property is still theirs. Each of you can enforce those claims as long as the easement does not allow public access to the easement (such as a sidewalk would). Even then, it would only be limited to the actual area defined by the easement grant.

    Also, since the property line was never in dispute up until now, can I leagally fight their encroachment?
    Youwant to fight their encroachment but you expect them to accept yours? Get real.

  3. #3
    Join Date
    Nov 2007
    Posts
    2

    Default Re: Property line/county easement

    Why do you believe that I have encroachedon their property? So you believe that simply paying for a survey gives you authority to act. Where is due process. Doesn't the state or county have to endorse such a thing.

  4. #4

    Default Re: Property Line Dispute and County Easement

    My suggestion would be to start at the edge of the county easement and install a fence along the property line with gun turrets at 10' intervals.

    Since it didn't seem to change anything, I ignored it.
    People don't like it when they think they are being run over. Obviously your neighbor was concerned and you probably could have avoided the entire problem simply by talking to him. "May I" "Please" and "Thank You" will work wonders.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Property line/county easement

    Quote Quoting Kurt Meyer
    View Post
    Why do you believe that I have encroachedon their property? So you believe that simply paying for a survey gives you authority to act. Where is due process. Doesn't the state or county have to endorse such a thing.
    did you not say your driveway is on their property? That encorachment.

    Later I discovered that the nieghbor was going to enforce his property line down to the street in the front yard. By following the new line it would actually intersect my new driveway near the street.
    So you believe that simply paying for a survey gives you authority to act.
    yes, since it is their property


    Where is due process.
    Due process for waht? If youwant to claim use of the land, you are going to have to sue for it in court for prescriptive easement. There is your due process.

    Doesn't the state or county have to endorse such a thing
    .Endorse what? A property owner laying claim to their proeprty? They do endorse it. That is why we have registrars of deeds and such that keep those records. That is endorsing a property owners rights to claim their property.

  6. #6

    Default Re: Property Line Dispute and County Easement

    Quote Quoting lwpat
    View Post
    "May I" "Please" and "Thank You" will work wonders.
    Not always. I'm going through a problem right now with one of my neighbors. I told him in advance that I was doing a fence and asked him if he had any objections (although legally he doesn't if I stay on my side of the line). Of course he did...he wanted it shortened a bit and we complied. Jerk's still not happy and talks about us to all the neighbors!

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