Legal Question in Civil Litigation in Maryland

Neighbor's Mailbox on Our Property

Without asking us first, a neighbor placed their mailbox on our property, after having moved it from a cluster of 3 boxes on someone else's property, as this was how our area was set up when we all moved in. These are large individual boxes.

We came home one day to find 2 workers placing the box on our property. We told the men that this was our property and we were then told that they were told to place it there by this neighbor.

In the past these neighbors have maintained our property that borders their driveway, since, and I quote, They have to look at it, so we assumed that they would also maintain the area around the mailbox as well, therefore, we told the workers to proceed.

The upkeep by the neighbors of this area surrounding the mailbox has not happened, and the placement of the mailbox makes it impossible to use our riding mower to maintain our yard in this area.

Since we cannot easily maintain this area of our property anymore with the neighbor's mailbox there, are we responsible for maintaining the area around the box, or are they?

Also, can we ask them to remove it from our property after the few months since it was put in?

Thank you.


Asked on 10/06/07, 11:30 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Neighbor's Mailbox on Our Property

Yes, you can require them to remove the box from your property, or you can remove it yourself if they refuse to do so. Since it's still your property, you can't force them to maintain it, unless they have agreed to do so as consideration for your allowing them to place their mailbox there.

You need to be aware that if your neighbors exercise dominion over your property for a period of 20 years, such as by maintaining it and using it, they could claim ownership of that property under the doctrine of adverse possession. This might apply to the part bordering their driveway that they have been maintaining. If you don't want to expose yourself to this, you should document your position to the neighbor.

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Answered on 10/08/07, 9:38 am


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