A survey can show that a fence, driveway, shed or wall sits across a property line. Surveyors call that an encroachment. It can feel like a big problem, but on its own it doesn’t force any single action. In Maryland, the right next steps depend on the facts, the records and the people involved. The steps below walk through what to do after the survey comes back.
Confirm What the Survey Actually Shows Before Taking Action
Start by reading the survey, not by calling the neighbor. Look at the surveyor’s drawing, the measurements and any notes that came with it. A survey shows the surveyor’s professional opinion about where the boundary sits. It is not a court ruling about who owns the land.
An encroachment on the drawing does not mean someone has to remove a structure. It means a feature appears to cross the line the surveyor located. Some questions go past the survey itself. Anything about legal title or rights may call for an attorney, not just a surveyor.
Gather the Property Records That Could Affect the Situation
Pull your deed and any survey records before you decide anything. These papers can change how the finding looks. Keep the completed survey safe, along with any older surveys you legitimately have. Also look for records tied to the spot in question.
Helpful records often include:
- Your current deed
- The finished survey and any earlier surveys you hold
- Your title papers from when you bought the property
- Any plat or lot map that shows the parcel
- Old permits tied to the fence, driveway or structure involved
Don’t assume that where a fence or driveway sits proves where the line is. A survey by itself also doesn’t settle every title question. Maryland law has court steps for sorting out disputed claims and clearing up who holds legal title. That is one reason some cases move from surveying into the courts.
Talk With the Other Property Owner Before the Dispute Escalates
A calm, fact-based talk often clears things up faster than a fight. When it makes sense, share the survey result with the other owner. Show them what the survey found instead of making accusations. Many boundary surprises come from an honest mix-up.
Keep the talk about facts, not blame. Sometimes both sides need more review before anyone knows the full picture. Don’t move or change a structure based on the conversation alone. A neighbor’s spoken okay also doesn’t change or transfer title. If the two of you reach any deal about property rights, put it in writing and have the right professionals review it.
Know When a Maryland Property Attorney Should Become Involved
A surveyor tells you where the boundary sits. A lawyer tells you what your rights are. The two roles are different, and both can matter here. A surveyor can explain the location of the line based on the survey work. An attorney can advise on legal title, possible claims, agreements and the choices open to you.
Maryland law has procedures for handling disputed titles and adverse claims. That does not mean every encroachment ends up in court. The right response depends on the facts, the records, the history and the parties. Be careful with the idea of adverse possession too. It is not automatic. It carries strict legal tests and a long time period, and a court decides it, not a fence or a shed. For any legal conclusion, talk to an attorney.
Resolve the Issue Before Selling, Refinancing or Starting Construction
An open boundary question gets bigger when a sale, loan or build is close. A buyer, lender or permit reviewer may notice the encroachment and want it settled first. If you plan a fix, an agreement or a correction, work with the right professionals before you act. That keeps the result sound and on the record.
Hold on to the final survey and records of whatever resolution you reach. Those papers show what was found and how it was handled. Try to deal with the issue early, before a deadline adds pressure. A survey finding is a starting point for resolving the issue. It is not always the final legal answer.
Frequently Asked Questions
Should I contact my neighbor after a survey shows a possible encroachment?
Often yes, if a calm talk fits. Pass along the survey result and stay factual instead of pointing fingers. Plenty of boundary surprises turn out to be honest mix-ups once both owners compare records.
Does a survey automatically require my neighbor to remove a structure?
No. The survey marks where the surveyor placed the boundary. That alone doesn’t force removal or decide the legal remedy. The next move rests on the records, the law and what both owners choose.
Should I get a lawyer after a survey identifies an encroachment?
Sometimes. The surveyor shows the boundary location, while an attorney handles legal title and rights. When ownership, a claim or an agreement is in play, a lawyer can guide those parts.
Can an encroachment issue be resolved without going to court?
It can, based on the facts. Some owners settle with a written agreement or a correction and help from the right professionals. Other disputes involve rights that only a court can decide, so it varies.
What documents should I keep after an encroachment is found?
Hold on to the finished survey, your deed, your title papers and any older surveys. Save any letters or notes about the matter as well. If you reach a fix, keep the records a professional drew up to show what was agreed.
