Maryland Agreement between Adjoining Landowners to Maintain Partition Fence
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How to fill out 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).