How Are Boundary and Easement Disputes Fought and Resolved in Maryland?

For most Marylanders, property ownership is not just a financial investment; it is the creation of a sanctuary. Whether you own a historic rowhome in Baltimore, a sprawling estate in Potomac, or a waterfront property in Annapolis, the exact lines defining where your land ends and your neighbor’s begins are sacred. However, clarity on a deed does not always translate to clarity on the ground.

Disputes over boundaries, fences, and rights of way are among the most contentious issues in real estate law because they involve tangible encroachments on personal space. A neighbor’s new shed crossing the property line by six inches, a shared driveway that has been used for decades without a written agreement, or an overgrown tree blocking a view can quickly escalate from a backyard conversation to a Circuit Court lawsuit. In Maryland, resolving these disputes requires a strategic combination of historical research, modern surveying, and strict adherence to state property statutes.

Understanding the Nature of the Dispute

Before a resolution can be reached, the specific legal nature of the conflict must be defined. Most property line disagreements in Maryland fall into two broad categories: boundary disputes and easement disputes.

Boundary Disputes

A boundary dispute occurs when two parties disagree on the physical location of the property line. This often arises when:

• A physical improvement (fence, driveway, garage) is built over the line (encroachment).
• Deeds contain conflicting legal descriptions.
• Old survey markers (iron pipes or concrete monuments) are missing or have been moved.
• A party claims ownership of a strip of land through Adverse Possession.

Easement Disputes

An easement is a legal right to use another person’s land for a specific purpose. You retain ownership of the land, but you cannot interfere with the easement holder’s rights. Disputes here often involve:

• Scope of Use: A neighbor has an easement for a driveway but starts using it to park heavy commercial machinery.
• Maintenance: A shared private road in a rural county needs repair, and neighbors cannot agree on who pays.
• Abandonment: A property owner believes an old easement is no longer valid because it hasn’t been used in years.
• Necessity: A landlocked parcel requires access through a neighbor’s land to reach a public road.

How Do I Prove a Prescriptive Easement in Maryland?

To prove a prescriptive easement in Maryland, you must demonstrate that you have used the specific portion of the land openly, exclusively, and notoriously for a continuous period of at least 20 years without the owner’s permission.

Prescriptive easements are the “squatter’s rights” of usage. They do not grant you ownership of the land, but rather a permanent legal right to continue using it. This is frequently seen in older neighborhoods in cities like Frederick or Hagerstown, where informal alleys or paths have been used for generations.

To succeed in a claim for a prescriptive easement in a Maryland Circuit Court, the claimant must provide clear and convincing evidence for each of the following elements:

• Adverse Use: The use must be “adverse,” meaning it is done without the owner’s permission. If your neighbor gave you verbal permission to cross their yard 15 years ago, that permission generally defeats a claim for a prescriptive easement.
• Continuous Use: The use must be uninterrupted for the full statutory period of 20 years. However, Maryland allows for “tacking,” where you can add your years of use to the years of use by a previous owner of your property to meet the 20-year threshold.
• Exclusive Use: This does not mean only you use it, but that your right to use it is not dependent on the rights of others.
• Open and Notorious: The use must be visible and obvious enough that a diligent property owner would have noticed it. Hiding your usage or only crossing the land at night undermines this claim.

Can I Remove a Fence That Is on My Property?

You should not remove a neighbor’s fence without a confirmed boundary survey and legal counsel, as destroying it could expose you to liability for destruction of property or trespass if your assessment of the boundary line is incorrect.

While it is frustrating to see a neighbor’s fence encroach on your land, Maryland law discourages “self-help” remedies that lead to breaches of the peace. If you tear down a fence that turns out to be on the correct line—or even if it was on your land but established through adverse possession—you could be sued for monetary damages.

Before taking physical action, consider the following steps to protect your legal standing:

• Obtain a Professional Boundary Survey: Do not rely on a “Location Drawing” often provided at closing. You need a comprehensive boundary survey signed and sealed by a licensed Maryland professional land surveyor. This document is the gold standard of evidence in court.
• Send a Cease and Desist Letter: Have an attorney draft a formal notice informing the neighbor of the encroachment and demanding removal. This creates a record of the dispute and prevents them from claiming they were unaware of your objection.
• File for Ejectment or Quiet Title: If they refuse to move the structure, the appropriate legal remedy is filing a civil action in the Circuit Court (such as the Circuit Court for Baltimore County or Montgomery County) to obtain a court order forcing the removal.

What Is the Statute of Limitations for Boundary Disputes in Maryland?

There is generally no statute of limitations for filing a quiet title action to resolve a boundary dispute, but if an encroachment exists for 20 years, the encroacher may legally gain title to that land through adverse possession.

The clock that matters most in Maryland property disputes is the 20-year period required for adverse possession. If you notice a neighbor’s garage crosses onto your property and you do nothing about it for two decades, you may lose the right to reclaim that land.

Key timing considerations include:

• The 20-Year Rule: Once an adverse possession claim matures (after 20 years of hostile use), the title legally shifts to the possessor, even if no court has ruled on it yet. Therefore, acting before the 20-year mark is vital.
• Discovery Rule: In some civil matters, timelines start when you “discovered” the issue. However, in property law, the physical presence of a fence or building is often considered sufficient notice, meaning you cannot claim you “didn’t know” it was there to extend the 20-year deadline.
• Laches: Even if 20 years haven’t passed, a court may deny your claim if you waited an unreasonable amount of time to act and your neighbor suffered financial harm because of your delay (e.g., watching them build a pool and suing only after it was finished).

The Role of Surveys in Resolving Conflicts

One of the most common misconceptions among Maryland homeowners is that the “Location Drawing” they received at settlement is a definitive map of their property lines. It is not.

A Location Drawing is a rough approximation required by mortgage lenders to ensure the house is actually on the lot. It typically has a margin of error of several feet. In a dispute over a fence line in a dense area like Bethesda or Silver Spring, a few feet makes all the difference.

To fight a boundary dispute effectively, you must commission a Boundary Survey. In this process, a licensed surveyor acts as a forensic investigator. They will:

• Research the deeds of your property and all adjoining properties at the Maryland Land Records (mdlandrec.net).
• Locate the original subdivision plats filed with the county.
• Find physical evidence on the ground, such as iron pins, concrete monuments, or even ancient tree lines mentioned in old deeds.
• Apply legal principles of construction to resolve discrepancies between the deed and the ground.

If your surveyor and your neighbor’s surveyor disagree, the dispute often moves to the courtroom, where a judge will determine which professional opinion is more legally sound based on Maryland property statutes.

Adverse Possession: The “20-Year” Threat

Adverse possession is a legal doctrine that allows a person to claim ownership of land they do not hold a deed to. In Maryland, the bar for proving this is incredibly high, yet it remains a valid concern for property owners who ignore encroachments.

To win an adverse possession claim, the possessor must prove their possession was:

• Actual: They physically used and controlled the land (e.g., mowing grass, planting gardens, erecting fences).
• Hostile: This is a legal term meaning the use was contrary to the true owner’s rights. It does not imply anger or fighting.
• Open and Notorious: It was visible to the community.
• Exclusive: They held the land for themselves, not sharing it with the public or the true owner.
• Continuous: It lasted for 20 uninterrupted years.

Defending Against Adverse Possession:

If you suspect a neighbor is creeping toward an adverse possession claim, you can interrupt the 20-year clock. Often, simply giving them written permission to use the land (“I consent to you using this strip for your garden until I need it”) destroys the “hostility” element, thereby preventing them from ever claiming ownership.

The “Quiet Title” Action

When negotiations fail, the legal mechanism to resolve a boundary or ownership dispute is an action to Quiet Title.

This is a lawsuit filed in the Circuit Court of the county where the property is located (e.g., Circuit Court for Prince George’s County or Anne Arundel County). The goal is to obtain a judicial decree that forever settles the question of ownership.

The process typically involves:

• Filing a Complaint: Your attorney files a detailed legal complaint outlining your deed, the chain of title, and the nature of the dispute.
• Discovery: Both sides exchange surveys, photographs, historical documents, and depositions.
• Trial: Expert witnesses (surveyors) testify, and the judge reviews the evidence.
• Judgment: The court issues an order declaring the true boundary line or the validity of an easement. This order is then recorded in the Land Records, becoming part of the permanent chain of title.

Trespass and Nuisance Claims

Beyond simple ownership, boundary disputes often trigger tort claims for trespass and nuisance.

• Trespass: If a neighbor’s tree falls on your house, or if they direct their drainpipe to flood your basement, this is a physical intrusion. You can sue for monetary damages to repair your property and, in some cases, for the diminution in your property’s value.
• Nuisance: This involves non-physical intrusions that interfere with your enjoyment of your property. Examples include excessive noise, noxious odors from a commercial farm in a residential zone, or blinding security lights. Maryland courts balance the utility of the neighbor’s activity against the harm caused to you.

Neighborhood Considerations and HOA Involvement

In many parts of Maryland, from the planned communities of Columbia to the gated developments of the Eastern Shore Homeowners Associations (HOAs), play a critical role.

While an HOA generally cannot adjudicate a legal boundary line (that is, a power reserved for the courts), they often have strict covenants regarding fences, sheds, and tree removal.

• Architectural Review: Even if you legally own the land, you may need HOA approval to build a fence on the boundary line.
• Common Areas: Disputes often arise when a homeowner encroaches on HOA common areas. In these cases, you are not fighting a single neighbor but a corporate entity with significant legal resources.

The Importance of Title Insurance

When you purchased your home, you likely bought an owner’s title insurance policy. In the event of a boundary dispute, this policy can be a lifeline.

If a neighbor claims they own a portion of your backyard based on a defect in the historic chain of title (e.g., a recording error from 1950), your title insurance policy may cover your legal defense costs and compensate you for any loss of land. However, standard policies often have exceptions for “matters that would be disclosed by an accurate survey” if you did not get a full survey at closing. Reviewing your policy with an attorney is one of the first steps you should take when a dispute arises.