Stein79
Surf&Turf
Sorry if this should have gone in the Water Cooler section.
TL/DR version: a fencing/boundary dispute with the neighbor and wondering if i'm in the wrong and/or looking for input:
I moved to Harford Co. in May and was provided a plot drawing of my property. We have a dog and wanted to install a split rail fence around the property boundary to keep him in and other dogs out.
I spoke to a few surveyors and was given prices between $1,000-2,200 to complete the survey due to poor records held by the county. One surveyor suggested I simply speak to our neighbors to get an "OK" on where we wanted to put the fence. As the fence was already quite expensive, that sounded smart to me...
So, we went that route to save time but mostly money. Now the fence is up and one neighbor is disputing that we are encroaching on his property. This specific neighbor I spoke with the day or so before the fence was to be installed and with his approval, marked several places with a spray paint can. But, now i'm encroaching.
He doesn't have a survey on his property nor know the exact boundaries either, but he says it is my responsibility to have the survey done. I would tend to agree with him, except that I would have done that to begin with had I known he was going to change his mind on the location. Stupid me for not getting it in writing.
On the other hand, my title company told me that if he is disputing it, the onus is on him to provide proof. His response to that is, if he pays for a survey and it shows the fence is on his property - then I have to pay for that.
I am not a lawyer, and I do want this to be resolved. I don't see myself spending much time with this neighbor but I also don't want an enemy 150 yards away. Now I really regret not buying more land...
I've spend a lot of time online looking for laws related to this and have found some contradicting or at the very least, unclear information as to fencing/setbacks, etc.
From Harford Co. ZONING CODE, chapter 267
Amended 8/14/2017 (only relevant parts copied)
267-27. Accessory Uses and Structures. [Amended by Bill 09-19, as amended; Bill 12-44; Bill 13-
51; and Bill 14-1]
C. Use limitations. In addition to the other requirements of this Part 1, an accessory use or
structure shall not be permitted unless it strictly complies with the following:
(6) Uses and structures.
(b) For residential lots, accessory structures will be considered attached if they are
within 3 feet of the principal structure and must meet the principal structure
Harford County Zoning Code Part 1. Standards Article V. Supplementary Regulations (The fence is within 3’ of the house)
Harford County Zoning Code 70
setback requirements. For residential lots, detached accessory structures shall
be located:
[1] A minimum of 3 feet from side or rear yard lot lines, unless the lot has a
recorded drainage and utility easement or any other recorded
Easement. (Mine does)
[2] For lots with recorded drainage and utility easements, the owner must
obtain a building permit or zoning certificate to locate any detached
accessory structure within the recorded drainage and utility easement
pursuant to §267-27C(8); otherwise, the setback shall be equal to the
width of the recorded drainage and utility easement or 3 feet,
whichever is greater.
[3] For lots with any other recorded easement, accessory structures shall
not be permitted within the easement and the setback shall be equal
to the width of the recorded easement or 3 feet, whichever is greater.
(8) Fences shall be permitted in any recorded drainage and utility easement. The placement of all other accessory uses shall be allowed in any recorded drainage and utility easement, pursuant to the following:
(a) The accessory use or structure shall meet the setback and square footage requirements contained in §267-27C
(b) The Department of Public Works shall approve the location; (c) The accessory structure shall meet the applicable requirements of this section; and (d) The applicant shall sign a hold harmless form, provided by the County.
So, is this saying that I can have the fence in the easement, but it has to be 3’ from the neighbor’s property line?
He has said I can just move it inside my property line a few feet and not bother with a survey but who knows if he changes his mind a month later...
Any input, legal advice, or recommendations on surveyors would be appreciated. I just want this resolved so the dog doesn’t have to be on the chain and I don’t have to worry about problems with a neighbor close by.
Thank you
TL/DR version: a fencing/boundary dispute with the neighbor and wondering if i'm in the wrong and/or looking for input:
I moved to Harford Co. in May and was provided a plot drawing of my property. We have a dog and wanted to install a split rail fence around the property boundary to keep him in and other dogs out.
I spoke to a few surveyors and was given prices between $1,000-2,200 to complete the survey due to poor records held by the county. One surveyor suggested I simply speak to our neighbors to get an "OK" on where we wanted to put the fence. As the fence was already quite expensive, that sounded smart to me...
So, we went that route to save time but mostly money. Now the fence is up and one neighbor is disputing that we are encroaching on his property. This specific neighbor I spoke with the day or so before the fence was to be installed and with his approval, marked several places with a spray paint can. But, now i'm encroaching.
He doesn't have a survey on his property nor know the exact boundaries either, but he says it is my responsibility to have the survey done. I would tend to agree with him, except that I would have done that to begin with had I known he was going to change his mind on the location. Stupid me for not getting it in writing.
On the other hand, my title company told me that if he is disputing it, the onus is on him to provide proof. His response to that is, if he pays for a survey and it shows the fence is on his property - then I have to pay for that.
I am not a lawyer, and I do want this to be resolved. I don't see myself spending much time with this neighbor but I also don't want an enemy 150 yards away. Now I really regret not buying more land...
I've spend a lot of time online looking for laws related to this and have found some contradicting or at the very least, unclear information as to fencing/setbacks, etc.
From Harford Co. ZONING CODE, chapter 267
Amended 8/14/2017 (only relevant parts copied)
267-27. Accessory Uses and Structures. [Amended by Bill 09-19, as amended; Bill 12-44; Bill 13-
51; and Bill 14-1]
C. Use limitations. In addition to the other requirements of this Part 1, an accessory use or
structure shall not be permitted unless it strictly complies with the following:
(6) Uses and structures.
(b) For residential lots, accessory structures will be considered attached if they are
within 3 feet of the principal structure and must meet the principal structure
Harford County Zoning Code Part 1. Standards Article V. Supplementary Regulations (The fence is within 3’ of the house)
Harford County Zoning Code 70
setback requirements. For residential lots, detached accessory structures shall
be located:
[1] A minimum of 3 feet from side or rear yard lot lines, unless the lot has a
recorded drainage and utility easement or any other recorded
Easement. (Mine does)
[2] For lots with recorded drainage and utility easements, the owner must
obtain a building permit or zoning certificate to locate any detached
accessory structure within the recorded drainage and utility easement
pursuant to §267-27C(8); otherwise, the setback shall be equal to the
width of the recorded drainage and utility easement or 3 feet,
whichever is greater.
[3] For lots with any other recorded easement, accessory structures shall
not be permitted within the easement and the setback shall be equal
to the width of the recorded easement or 3 feet, whichever is greater.
(8) Fences shall be permitted in any recorded drainage and utility easement. The placement of all other accessory uses shall be allowed in any recorded drainage and utility easement, pursuant to the following:
(a) The accessory use or structure shall meet the setback and square footage requirements contained in §267-27C
(b) The Department of Public Works shall approve the location; (c) The accessory structure shall meet the applicable requirements of this section; and (d) The applicant shall sign a hold harmless form, provided by the County.
So, is this saying that I can have the fence in the easement, but it has to be 3’ from the neighbor’s property line?
He has said I can just move it inside my property line a few feet and not bother with a survey but who knows if he changes his mind a month later...
Any input, legal advice, or recommendations on surveyors would be appreciated. I just want this resolved so the dog doesn’t have to be on the chain and I don’t have to worry about problems with a neighbor close by.
Thank you