The Maryland Agreement between Adjoining Landowners to Maintain Partition Fence is a legal agreement that establishes the rights and responsibilities of neighboring landowners regarding the maintenance of a partition fence. A partition fence, also known as a boundary fence, is a fence that separates two adjoining properties. This agreement is crucial for landowners in Maryland as it provides a clear understanding of the obligations each party has in terms of constructing, repairing, and maintaining the fence. By having a written agreement in place, potential conflicts and disputes regarding the fence's maintenance can be avoided or easily resolved. There are several types of Maryland Agreements between Adjoining Landowners to Maintain Partition Fence, each addressing specific circumstances or requirements: 1. Basic Partition Fence Agreement: This is the most common type of agreement, covering the general responsibilities of both landowners in maintaining the fence, such as sharing costs, contributing to repairs, and ensuring compliance with local regulations. 2. Equal Share Partition Fence Agreement: In some cases, both landowners may agree to split the costs of constructing and maintaining the partition fence equally. This type of agreement specifies that both parties will bear an equal financial burden. 3. Alternate Maintenance Agreement: Sometimes, one landowner might decide not to maintain the fence actively. In this scenario, an alternate maintenance agreement can be established, where the other party takes responsibility for the entire maintenance of the fence in exchange for certain compensatory arrangements. 4. Agricultural Exemption Fence Agreement: In rural areas or farmland, there may be specific provisions and exemptions applicable to partition fences. This type of agreement addresses these exemptions, providing clarity on how these fences should be maintained for agricultural purposes. 5. Mediation/Arbitration Agreement: In cases where conflicts arise concerning the maintenance of the partition fence, some agreements may include provisions for mediation or arbitration. This allows disputes to be resolved without going to court, saving time and money while ensuring a fair resolution. Regardless of the specific type, a Maryland Agreement between Adjoining Landowners to Maintain Partition Fence typically covers important aspects such as fence location, materials, costs, inspections, repairs, and dispute resolution mechanisms. It is essential for landowners to consult with legal professionals to draft or review these agreements to ensure compliance with Maryland laws and their specific needs. Considering the importance of maintaining a well-defined boundary between adjoining properties, a Maryland Agreement between Adjoining Landowners to Maintain Partition Fence offers peace of mind for both parties, avoiding potential misunderstandings and conflicts while promoting good neighborly relationships.
Maryland Agreement between Adjoining Landowners to Maintain Partition Fence
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FAQ
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.
Charles Crocker, a railroad investor and owner of a house on Nob Hill in San Francisco, built a high fence around his neighbor's house, spoiling his view, after the neighbor held out for many times the market value of the property. (Crocker had wanted to buy the whole block.)
If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.
Maryland doesn't have specific rules dealing with fences. Instead, the state follows the common law practice that a fence built along a boundary line is owned in common by both property owners when both use the fence, unless otherwise agreed.
It's the most famous fence in San Francisco history: a three-story-tall board wall that one of the city's richest men built around the home of a neighbor who wouldn't sell his property. The rich man was Charles Crocker, one of the Big Four who helped bankroll the construction of the transcontinental railroad.
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor).
Since 1885, California real estate law has provided recourse for such so-called ?spite fences,? and you can file a civil action to be rid of the offensive fence. Specifically, the California Civil Code protects against ?Any fence or other structure in the nature of a fence? (Civ. Code §841.4).