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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Can Neighbor Nail Chicken Wire to My Fence on Their Side

    My question involves real estate located in the State of: Maryland.
    We erected an 8ft privacy fence 5 inches inside the property line on our property. The neighbor nailed and stapled chicken wire to the fence and now has vines growing all over their side. The vines grow up, over, under and through the fence. I've asked them to remove it but they will not. If I attempt to remove it, I'll be trespassing on their property. Any Ideas? Frustrated in Maryland

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Can Neighbor Nail Chicken Wire to My Fence on Their Side

    I hope I can help a little on this one. I currently live in California, but lived in Maryland a number of years. I'm a bit surprised how different the laws in this area are between the two. But, in both, this is ultimately a local issue, without statewide standards. For the rest of my post, consider the assumption that this is a problem neighbor for you. We all tolerate many things from people that we get along with and are not concerned about what they may do to hurt us in the future.

    First, I'd recommend you make sure that you are "clean". An 8 ft fence requires a permit throughout Maryland (I think, check your local code if you think I'm wrong on this). Assuming you got a permit when you built it, the next issue would be maintenance of your property. You are responsible to maintain your entire property, including the 5 inches on their side of the fence. (I am very unclear on how the lawmakers expect you to do that; maybe someone else can help on this one).

    The neighbor's actions give you several issues to deal with. (1) they have misappropriated your property (your fence and the 5 inches of land) upon which to grow their vines; (2) they have damaged your property by putting nails and staples into your fence; (3) they are doing this adversely and with hostility, which means if you let it go for 20 years they could claim title to that 5 inches of land. -- no guarantee that they would win, but they could assert the claim.

    To protect your rights, I would recommend that you take legal action to require them to remove the chicken wire and the vines. This would entail: a formal letter indicating that they are trespassing and demanding that they remove the chicken wire and the vines. If they fail to respond to that, file a legal suit asserting the same. Include the requirement that you be permitted to cross their property to maintain your property (may not win that, but might as well try), and, of course, sue for your court costs and any other costs that you can think of that you have legitimately incurred.

    An alternative would be to walk over to their house with a six pack of beer and say, "Hey, can we sit down and work out the problem on this fence thing?"

    Your choice.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Can Neighbor Nail Chicken Wire to My Fence on Their Side

    I appreciate the reply. I actually did walk over and talk to the owner of the property. I asked if she would remove it and she said they would think about it. About 6 months later I called on the phone and explained that I would remove the chicken wire myself if she didn't mind. I told her I would do a neat job and not destroy her garden. Since it was winter and nothing was growing, it was the best time. I suggested that if she wants the chicken wire and vines then just put up her own poles or stakes on her property. She again said she would think about it. She has done nothing. So, I guess I could just hang over the top of the fence and pry it off. At least I'm not on her property. I could care less, but my 92 year old mother is the one living there and she wants it removed.

    Again, thanks for the reply

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Neighbor Nail Chicken Wire to My Fence on Their Side

    either reach over best you can to remove it or file trespass charges on her for the installation of the fence on your property.

    I would also use some round up on that 5 inches.

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