What to Do if Your Neighbor Builds on Your Property in Maryland
- September 7, 2025
- Real Estate
If you are a property owner in Maryland, your home and the property on which it sits may be the most valuable things you own. You might be planning on leaving this property to your children to help them thrive someday, or sell it to supplement your retirement. So when a neighbor infringes on such a valuable possession, it can be stressful and overwhelming.
Document the Extent of Any Infringement
There are countless ways that a neighbor could build on your property. For example, a neighbor might build:
- A path that traverses between two portions of their property
- A garden or grove
- Some type of shed or garage
- An addition to their home.
Some transgressions are smaller than others and may be easier to resolve. Regardless, you need to identify the infringement before you can take any action. Take pictures of whatever was built and any landmarks that may be useful for identifying property lines.
Furthermore, if you don’t have a recent property survey, you should get one done immediately. Our legal team at Lusk Law, LLC, can help you contact a trusted surveyor if you aren’t sure where to find one.
Notify Your Neighbor About the Infringement Through a Lawyer
While you may be tempted to notify your neighbor that they are infringing on your property, this approach tends to backfire. In the best-case scenario, they will acknowledge the mistake and correct it. However, it is often more likely that a neighbor resists taking down the structure. This may be because what they built cost them a significant amount of money, and that is the type of investment that people may not be keen on losing.
Our real estate attorneys can help you determine the best course of action and then legally notify them of their infringement. Even if you prefer to attempt some type of negotiation before taking legal action, we will be prepared to file a lawsuit promptly if needed. This protects you regardless of how your neighbor responds to your dispute.
Don’t Ignore an Infringement of Your Property Rights
Our Real Estate Attorneys Can Protect Your Rights
Imagine that you own a large property with several acres. You might not even notice that someone has built a small shed on a corner of your property, far away from your home. However, this lack of concern could cost you in the long run.
If someone is illegally using your land, Maryland law only gives you 20 years to take action to recover that portion of your land. That may seem like a long time, but unless you know exactly when your neighbor built the infringing structure, you could have very little time left to act. Once that time limit runs out, they have effectively gained possession of that portion of your property at no cost.
When a neighbor builds on your property, that is an infringement of your property rights. Contact Lusk Law, LLC at (443) 535-9715 right away to protect your interests and recover what is rightfully yours.
Options for Recovering Your Property After a Neighbor Builds on It
There are several ways you can protect your rights after a neighbor builds on your property. The following are some of the best options.
Convince Your Neighbor to Move the Structure at Their Expense
This is usually a helpful strategy when a structure is portable and the violation was made in good faith. For example, if your neighbor builds a small shed that overlaps with a portion of your property, it is likely that they simply identified the edge of their property inaccurately.
It may require some significant effort and a modest expenditure, but that shed can probably be moved a few feet. In the best-case scenario, your neighbor will foot the bill. However, you may also agree to pay a portion of the cost if that offer saves you the time and aggravation of a protracted fight.
If the structure your neighbor built can be moved, doing so is usually the best option.
Negotiate an Easement
Negotiating an easement can be a sound approach if your neighbor built something that can’t be easily removed. For example, suppose that your neighbor built a swimming pool near the edge of their property. Safety rules might require them to install a deck around it that infringes slightly on your land. While this is unfortunate planning, the cost of removing the swimming pool would be exorbitant, and they may fight hard to avoid that outcome.
Instead of getting into a potentially contentious legal battle, it might be better to negotiate an easement. This means that you relegate a portion of your property rights to your neighbor for a specific use. You still own the property, and they couldn’t build anything else on your property without permission.
This easement agreement could even include a negotiated cost. Under Maryland law, you don’t have to give up the use of a portion of your property without something in return.
Go to Court
You also have the option to file a lawsuit against your neighbor. If the law is on your side, the court may compel your neighbor to destroy the infringing structure or allow you to remove it. This is rarely preferable, as a lawsuit can involve significant time and expense, but it may be the only choice when you have neighbors who refuse to respect your property rights.
Talk to a Lawyer at Lusk Law, LLC Today
Advocates for Life’s Obstacles and Opportunities
It can be extremely stressful when a neighbor compromises your most valuable possession — your property. Fortunately, the skilled team at Lusk Law, LLC can help you determine what to do if your neighbor builds on your property and ensure your rights are protected.
Call our legal team at (443) 535-9715 today to learn more about how we can help you assert your property rights under Maryland law.