Property Line Laws in Maryland

Maryland property line laws reflect the state's diverse geography, from the Chesapeake Bay shoreline to the Appalachian mountains in the west. With a 20-year adverse possession period and treble damages for timber trespass, Maryland provides strong protections for property owners. The state's centralized property records system through the Department of Assessments and Taxation makes boundary research more accessible than in many states, but waterfront properties along the Chesapeake Bay face unique challenges related to tidal boundaries and riparian rights.

Fence Laws in Maryland

Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Maryland, understanding these rules can prevent costly disputes with neighbors.

General Fence Law

Maryland follows: closed range statewide

Maryland is a closed-range state. Under Md. Code, Real Prop. § 2-113, adjoining landowners share the obligation to maintain partition fences. Maryland retains a fence viewer system in some counties where appointed officials can determine fence obligations and allocate costs between neighbors.

Notification Requirements

Maryland does not have a specific statewide notification requirement for fence construction. Local county and municipal codes may require permits and setback compliance. For shared partition fences, giving written notice to the adjoining owner before making changes is advisable.

Spite Fence Rules

Maryland does not have a specific spite fence statute. Courts have addressed malicious fence construction through general nuisance principles and local zoning restrictions on fence height.

Adverse Possession in Maryland

Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.

Statute of Limitations: 20 years in Maryland

Requirements for an Adverse Possession Claim

Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years under Md. Code, Cts. & Jud. Proc. § 5-103. Maryland does not require payment of taxes as a separate element, but consistent tax payments can strengthen the claim.

If you are a property owner in Maryland, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.

Timber Trespass Laws in Maryland

Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Maryland law provides significant penalties to deter this behavior and compensate affected property owners.

Penalty: treble damages

Statute Reference

Md. Code, Nat. Res. § 5-409 provides for treble damages for willful or knowing timber trespass. The statute applies to cutting, girdling, or destroying trees on another's property without permission.

To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.

Resolving Boundary Disputes in Maryland

Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Maryland offers several paths to resolve these disagreements.

Resolution Options

Boundary disputes in Maryland are resolved through circuit court. Maryland courts recognize the doctrines of acquiescence and boundary by agreement. The statewide SDAT system provides centralized property records that facilitate research across all 23 counties and Baltimore City.

Quiet Title Actions

Quiet title actions are filed in circuit court under Md. Code, Real Prop. § 14-108. All persons with a potential interest must be joined. Maryland's centralized property records through SDAT simplify the process of identifying interested parties.

The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.

Property Easements in Maryland

An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.

Common Easement Types

Common easements in Maryland include utility easements, stormwater drainage easements, Chesapeake Bay shoreline access easements, agricultural preservation easements, and private road easements. Conservation easements for Chesapeake Bay watershed protection are increasingly common.

Prescriptive Easements

Prescriptive Easement Period: 20 years in Maryland

A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.

How to Determine Your Property Boundaries

Knowing your exact property lines is the foundation of protecting your rights under Maryland law. Here are the most common ways to determine where your boundaries are:

Check county records — Maryland has 24 counties, many of which provide online GIS or parcel viewer tools where you can look up property boundaries by address.
Review your deed — Your property deed contains a legal description of your land with metes and bounds measurements or lot and block references.
Look for physical markers — Iron pins, concrete monuments, or survey stakes may mark your boundary corners from a previous survey.
Hire a licensed surveyor — The Maryland State Board for Professional Land Surveyors regulates land surveyors in Maryland. A professional survey provides a legally binding boundary determination.
Use ParcelVision AR — See your property lines overlaid on the real world through your iPhone camera for an instant visual understanding of your boundaries.

Visualize Your Boundaries Instantly

Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Maryland and walk your boundaries in minutes.

Download ParcelVision — $14.99/Property

Frequently Asked Questions

How long does adverse possession take in Maryland?

Maryland requires 20 years of actual, open, notorious, continuous, hostile, and exclusive possession. Tax payment is not a separate statutory requirement, but paying taxes on the claimed property during the possession period strengthens the claim significantly.

What happens if someone cuts trees on my property in Maryland?

Under Md. Code, Nat. Res. § 5-409, you can recover treble (triple) damages for willful or knowing timber trespass. This applies to cutting, girdling, or destroying trees without the owner's permission.

How do Chesapeake Bay shoreline boundaries work in Maryland?

Waterfront property boundaries along the Chesapeake Bay are typically defined by the mean high water line. Riparian rights extend into the water, but public trust doctrine protects navigation and fishing. Shoreline erosion and accretion can shift these boundaries over time, making periodic surveys important for waterfront owners.