Many boundary disputes in Maryland can often start with a surprise. Perhaps the fence lines everyone has treated as “the boundary” for years does not match a new survey. Suddenly, a routine house sale or construction project can end with accusations of encroachment.
Fortunately, the long-accepted visible dividing line between your homes can sometimes carry legal significance. Understanding how you can leverage these recognized boundaries can help you protect your home and property.
Using real-world markers
When the original deed to the land is not clear, practical location can help establish a boundary. This means how the property has been used and located on the ground over time defines the legal line. Some physical boundary indicators include:
- Fences
- Driveways
- Landscaping
- Retaining walls
- Sheds
- Tree lines
In addition to these tangible land markers, a long-standing agreement between land owners can also verify the boundary.
How long-held mutual recognition affects legal lines
When adjoining owners treat a fence, driveway edge or landscaping as the boundary for a long period, this is called a boundary by acquiesce. The mutual acceptance of that line as the limit between properties has to continue for at least 20 years for it to be the new legal boundary.
Even if you were mistaken by the written boundary agreement, the deed becomes irrelevant if everyone treats a visible line as the true boundary. You can also meet the 20-year requirement through “tacking,” by adding the previous owners’ time on the land to yours.
Practical steps to protect yourself
In addition to getting a licensed survey early, you can compile the following as evidence of your accepted boundary:
- Property photos over time (including those from Google street view)
- Old and new surveys
- Statements from prior owners and neighbors
- Maintenance history
- Written proof acknowledging the boundary
Seeking legal guidance can help you honor your long-time reliance on these physical markers while settling the dispute.
Defending your property rights
When you are facing boundary disputes, you can use the land’s history to shift the focus from a newly asserted survey line to the reality on the ground. By supporting your claim with evidence, long-standing markers can help prove the real boundary is the one you have long lived in.