Real Estate Law
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We live in MD with a water view. Our property is adjacent to the community property. The Community association wants to put a split rail fence between our property and theirs but this will interfere with our view of the water and also interfer with access to our bulkhead which is on the other side of the community property. Can we stop them from putting up this fence? Additional fact: They use a small part of our property to access the community boat ramp and pier currently without a legal easement. thanks - debra
Response: Hello Debra: Yes, you can. You can stop the Association from putting up a fence that would interfere with your view of the water and with your easy access to your bulkhead. Also, if the Association wants to be difficult about it, you can prevent the Association from using your property to access the boat ramp since they are currently using your property at this time without an easement. The Association needs to be considerate of your concerns. Otherwise, you can make things difficult for them and/or take the matter to Court.
So, you need to let the Association know of your concerns and go from there.