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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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How to stop a neighbor from building a fence on his property

Customer Question

How to stop a neighbor from building a fence on his property line that blocks the entrance to my yard?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
How can I determine if he has a permit?
1. Depending on whether you are looking at a city, county, or Homeowner's Association regulation regarding the 4 feet limit, you would need to check with that entity to determine if a permit has been issued under your neighbor's name or address. This information should be considered public information and you should be allowed access to it.
How to stop a neighbor from building a fence on his property line that blocks the entrance to my yard?
2. Typically, a prescriptive easement is created when someone uses land for access such as you are doing here. However, these cases are harder to win than those where your parcel would be land-locked if the fence was built. That is called an easement by necessity. The MD case at the link below explain the MD law on necessity easements:
http://mdcourts.gov/opinions/cosa/2012/1861s09.pdf
If you are not able to work something out with the neighbor, you will have to sue him to obtain a court order that says he cannot built the fence on his land in a manner that blocks access to your yard because you have a easement by necessity there. This can be done via a declaratory judgment suit {DJ} :
http://law.justia.com/codes/maryland/2010/courts-and-judicial-proceedings/title-3/subtitle-4
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