Legal Question in Real Estate Law in Maryland

Bulding fences on right of ways

We recently purchased seven acres of wooded property in Maryland. Our neighbor, who owns the property behind us, has recently put fence posts on part of our property. By examining the land survey, it appears that there was once a twelve foot road running through the property. It has not been used for years, and it is completely wooded. Does he have the right to put up those fence posts? We can find nothing in the deed that gives him ownership of that old road.


Asked on 9/24/07, 6:25 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Bulding fences on right of ways

First, you should check your covenants to see if there is a right of way for the road. This might enable your neighbor to use the right of way, but not necessarily to fence it off. If there is nothing in the convenants about this, contact your neighbor, send him a copy of your survey, and ask him to explain why he posted the area, or to remove the posts. There may be inconsistencies between his survey and yours.

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Answered on 9/25/07, 9:32 am


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