What are Spite Fences and Tree Fence Laws?

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Maryland’s spite fence disputes are usually governed by the state’s nuisance laws. Zoning codes, local ordinances and homeowner’s association regulations could also govern spite fences. A spite fence is one built out of malice, usually between neighbors.

Basic Fence Laws

Because Maryland does not have specific fence laws, it uses common law that says that if you build a fence on a boundary line, both owners who share the boundary line are responsible for the fence and own the fence. This means that both have to share in the cost of building the fence and in the maintenance of the fence. Of course, you and your neighbor can make an agreement that only the person who wants the fence is responsible for the cost of building and maintaining the fence. But, if you hook up to a neighbor’s fence with another fence, whether to lengthen the fence or create a new fence at an angle, you then become partially responsible for the existing fence.

If you buy a property with an existing fence and two or more neighbors share in the maintenance of that fence, you’ll also have to contribute to the maintenance as long as the seller did. In other words, the seller’s agreement with the neighbors carries over to you. When you buy a home with a fence, be sure you know who is liable for the maintenance of the fence and how much the other property owner expects you to pay for the continued maintenance of the fence.

Maryland’s Nuisance Law

For you to file a claim under Maryland’s nuisance laws, the other person’s (defendant’s) actions must be unreasonable and substantial, such as putting a privacy fence up on your property, or creating an offensive fence. An offensive fence does not have to be an ugly fence, but it does have to restrict you from using your property.

Tie this into adverse possession laws – if the fence is on your property for a certain number of years and you do not tell your neighbor that his fence is encroaching your property, your neighbor could take possession of the strip of land the fence is on.

Trees and Boundary Lines

If a tree is on your neighbor’s property and the roots and branches extend over the line onto your property, you have the right to trim the tree back to the property line. However, if you kill or injure the neighbor’s tree, you could be liable for treble damages. The tree owner should take care of the tree so that it does not damage your property. If the tree is located on the boundary line, you both own the tree and must get each other’s permission to remove the tree.

If you have a problem with a tree causing damage to your property, even though you have the right to trim the tree or remove the roots, you might discuss it with your neighbor. Disturbing the roots could kill the tree, and that could end up costing you for the tree.