Fenced In

[worldtraveler55]

Jurisdiction

Maryland

Hi,
When I purchased my home in 2004, a chain link fence surrounded my property. In 2006, I had installed a 6-foot privacy fence inside and close to the chain link fence. There's about one foot of property between the two, meaning my privacy fence is about one foot inside my property line.
I just noticed several months ago that one of my neighbors removed the chain link fence in their back yard, and they've essentially "claimed" that one foot of my property as theirs. They're also continuously resting items like ladders up against my fence.
What should I do? I plan to sell my property in about 12 years, and I don't want my neighbors thinking that they own that roughly one foot of my property.
I've never spoken to these neighbors, and really don't know what they look like, and frankly I don't care if I tick them off. I think it's rather presumptuous of them to take down the chain link fence and plant flowers on that piece of my property.

 

[army judge]

You can retain an attorney to advise your neighbors by a letter to not encroach upon your property.

You can replace the chain link (hurricane) fence, but not before you commission a land survey to establish with certainty that your boundaries are as your deed discloses.

If I were you, I'd commission the survey before I did anything.

You'd be surprised how inaccurate the boundaries one thinks are hers are actually wrong.

 

[mightymoose]

Ditto on the survey. Fences aren't always on the property line (such as the one you built).

 

[adjusterjack]

What should I do? I plan to sell my property in about 12 years, and I don't want my neighbors thinking that they own that roughly one foot of my property.

Here's an idea. Give them written permission to use that 1' of your property on a temporary basis subject to revocation by you or by your successors or assigns at any time in the future.

That eliminates any potential claim of ownership by adverse possession.

Best to have a lawyer write that up.