My Neighbor’s Shed is Encroaching on My Property. What Can I do?

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‘My neighbor placed a shed partly on my property. It is 2.5-3 feet over the property line. I wrote him a letter to tell him to move it, but he did not. What can I do? I live in Baltimore county, Maryland.’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Check with a local attorney for the details, but there are a number of possibilities that spring to mind:

1. Contact the authority that grants building permits. If this is a large enough shed that a permit was required, they will not be pleased that it was built on someone else’s property.

2. Your local attorney can advise you on the details of a lawsuit for trespass and/or nuisance. Armed with that information, you can try to convince the neighbor to take your request seriously, possibly when he receives a letter from the attorney.

3. Depending on your local laws, you may be able to engage in “self-help” to remove this nuisance. This option is risky, and I wouldn’t recommend doing it without checking with an attorney first.

4. Agree with the neighbor to allow him to continue this trespass, possibly in exchange for some financial compensation. If you go this route, it’s worth the cost to get the agreement in writing, recorded against the two properties, to ensure that the permission doesn’t go farther than you agree.

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Author: House Attorney

A house attorney has answered this question.