I need a real estate lawyer regarding property lines.

Asked about 1 year ago - Rockville, MD

My neighbor is telling me to cut a tree that may fall on his house. BUT, the tree is out of my fence and my land. He has a map of the area that shows by that map I own that land too that has the tree in it but since this house was build my fence did not cover that land and I was not aware of it. He is calming is my land and I have to take care of it but its out of my wood fence.

What should I do? If that is my land and his map is true, I own a part of other neighbor lands too and many years passed.

I have uploaded a Google map picture of the land and you can see what I am talking about if you would like. You can see it from link below.
1- Black line is my fence now
2- red line is the new land my neighbor is saying is mine.
picture from this link,
http://oi40.tinypic.com/2ilycsn.jpg

Attorney answers (4)

  1. Thomas C Valkenet

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . We have focused on land disputes for almost three decades and this is the first time a neighbor has claimed to give land back! First, understand that ancient fence lines provide suggestions of boundaries, but are not true demarcations. They are often the basis for long term claims for adverse possession, but your neighbor is admitting your ownership, here. Your picture was very informative, but the next step is to obtain a survey based on deed language, record plats, and any stakes or other monuments the surveyor can locate. Your rights will flow from the results of that survey. Now, back to the tree-- Your neighbor's concern becomes your problem if the tree is on your land, and it actually falls and does damage. Until then, it is just the impetus for you to examine the underlying title issue. Did you purchase title insurance? Did you obtain a survey when you purchased?

  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Practically speaking, you might spend far too much time and money fighting over the land than what it would cost to be a good neighbor and cut the tree down. It certainly seems like you're not making a claim to this extra land, so you might really want to think about solving the tree problem instead of litigating this issue. In the end, you'll spend less money and have a better relationship with your neighbor as well.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Katherine L Taylor

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If the tree is on your property, you are responsible for maintaining the property and for ensuring that the tree is maintained. The real question here is whether the area outside of both your and your neighbor's fence is your property. The only way to establish the true property lines is to have a boundary survey done. It will cost a lot, but it is necessary if you cannot otherwise establish boundaries.

  4. Cheryl Rivera Smith

    Contributor Level 20

    1

    Lawyer agrees

    Answered . These maps are not accurate. You need a survey. After the survey is done (maybe neighbor will share the cost), perhaps you can execute a boundary line agreement and agree to the lines shown on the survey. This will prevent future claims and litigation. A local attorney can help you with the agreement and it shouldn't be expensive.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature... more

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