Maryland Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
Format:
Word; 
Rich Text
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Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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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.

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.

Please note that Montgomery County requires a 25' setback or the Established Building Line (EBL), whichever is greater.

A permit is required when you are installing any type of fence. If a new fence is going to be installed in a side yard or front yard abutting a County maintained roadway, the permittee must contact the Right of Way Inspector.

Placement: Sheds shall be a minimum of three (3) feet from property lines. Sheds in excess of 200 square feet shall be a minimum of 5 feet from the property lines, unless the exterior walls adjacent to the property line meet a minimum one-hour fire-resistance rating (see below).

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.

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.

The maximum height for fencing in Montgomery County is 6.5. ' Additional residential fence regulations apply when installing fences close to roadways and on corner properties.

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Maryland Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property