My new shed is encroaching

[palyokopa]

I am in Carroll County Maryland.

Hi,

Three months ago I started building a 16x12 shed which I have recently discovered actually crosses my property line by about one and a half foot. My neighbor and I are in very good terms. But I had to apply for a variance with the county. I have a hearing scheduled in about a month. In addition, right behind my construction (where it crosses the property line) there is a storm ditch, maintained by the county (rarely). Neither me or my neighbor are sure if this is an easement in his property or it is a strip of land owned by the county itself. My questions are:
1. Who do I have to contact in order to find out the status of the ditch?
2. If the ditch is a utility easement owned by my neighbor, what do we need to do in order to have the Board of Zoning Appeals legalize the situation? What documents are needed?

3 What if the ditch is owned by the county? What do I need to do in order to be completely prepared and have the BZA legalize the current location of my shed.

Before we fond out that I am involuntarily encroaching all of my immediate neighbors signed a petition to the BZA that they do not object to the current location of the shed. And yes, moving the shed is practically an extremely difficult option.

[jimmler]

Originally Posted by palyokopa

I am in Carroll County Maryland.

Hi,

Three months ago I started building a 16x12 shed which I have recently discovered actually crosses my property line by about one and a half foot. My neighbor and I are in very good terms. But I had to apply for a variance with the county. I have a hearing scheduled in about a month. In addition, right behind my construction (where it crosses the property line) there is a storm ditch, maintained by the county (rarely). Neither me or my neighbor are sure if this is an easement in his property or it is a strip of land owned by the county itself. My questions are:
1. Who do I have to contact in order to find out the status of the ditch?
2. If the ditch is a utility easement owned by my neighbor, what do we need to do in order to have the Board of Zoning Appeals legalize the situation? What documents are needed?

3 What if the ditch is owned by the county? What do I need to do in order to be completely prepared and have the BZA legalize the current location of my shed.

Before we fond out that I am involuntarily encroaching all of my immediate neighbors signed a petition to the BZA that they do not object to the current location of the shed. And yes, moving the shed is practically an extremely difficult option.

You can contact a local land surveyor to prepare a drawing showing the property lines, easement lines and the shed with dimensions.

You also should contact a local real estate attorney to ask these questions, they can also prepare the application and represent you at the variance hearing, and prepare any other legal documents that are required.

jimmler
I am not a lawyer, I have been in surveying since 1989.

[palyokopa]

I had the survey done today. This is how I found out about the encroachment, when I started I thought that the fence is on the boundary but apparently it is not.

My neighbor was thinking all along that the fence belongs to me and I thought that is a shared one. We never had a reason to discuss it. Before I started building I had his verbal consent to begin and now things are really complicated or at least so it seems...

The ownership of the ditch is the key, it seems to me... But who's got this information?

[FlyingRon]

Carroll County will let you begin building without a variance?
They will let you file a variance without a survey plat?

[jimmler]

Originally Posted by palyokopa

I had the survey done today. This is how I found out about the encroachment, when I started I thought that the fence is on the boundary but apparently it is not.

My neighbor was thinking all along that the fence belongs to me and I thought that is a shared one. We never had a reason to discuss it. Before I started building I had his verbal consent to begin and now things are really complicated or at least so it seems...

The ownership of the ditch is the key, it seems to me... But who's got this information?

This is where the real estate attorney comes in, they can research the land records and tell you who owns the easement or strip of land.

[palyokopa]

OK, I started without a permit. When I went to to obtain one, the distance issue popped out and not only they scheduled a hearing but actually I had one already yesterday WITHOUT A PLAT. Actually I had the sketch from the closing when I purchased the house. Although on all these sketches the issuing company boldly states NO TO BE USED FOR PERMITS, the county gladly honors them with no problem. If I did not have the distance issue I would have paid my 25 bucks for a permit and my shed would have been finished by now.

My variance application was for 12" from the property line assuming that the fence IS on the line. During the hearing the plat issue was raised (how do I know that it is exactly 12" and not 11) and I was granted extension of the case until I conduct a survey. I did, a nice company didi it on a short notice and to everybody's frustration the fence turned out to be not on the property line.

So I know what I am talking about, because it is something that had happen already (i. e. it IS a FACT) so please tell me who can give me the ditch ownership info.

Thank you in advance.

[palyokopa]

Originally Posted by jimmler

This is where the real estate attorney comes in, they can research the land records and tell you who owns the easement or strip of land.

Thank you jimmier.

Hm I'd like to keep the attorney involvement as a last resort (financially stretched right now - permits, variances, surveys...). I was hoping that this should be a mater of public record. If so, the question is what office has it.

[jimmler]

Originally Posted by palyokopa

Thank you jimmier.

Hm I'd like to keep the attorney involvement as a last resort (financially stretched right now - permits, variances, surveys...). I was hoping that this should be a mater of public record. If so, the question is what office has it.

The local courthouse has all of the information, you want the land records room. Expect to take a day off to research the information, although the front desk people should be able to point you in the right direction. Good luck!

[palyokopa]

Originally Posted by jimmler

The local courthouse has all of the information, you want the land records room. Expect to take a day off to research the information, although the front desk people should be able to point you in the right direction. Good luck!

Thank you very much. This is a kind of lead I expected . I am new in this country and learning on the fly (sometimes the hard way).

[jimmler]

Originally Posted by palyokopa

Thank you very much. This is a kind of lead I expected . I am new in this country and learning on the fly (sometimes the hard way).

You are welcome, I wish you the best of luck! Let us know how it works out.

jimmler

[drewguy]

Originally Posted by palyokopa

Thank you very much. This is a kind of lead I expected . I am new in this country and learning on the fly (sometimes the hard way).

Look at your title. Ask your neighbor if you can look at his title. If it is in fact an easement it may be recorded and appear on your title or the title survey. If it is owned by the county in fee simple then your plat and your neighbors plat won't quite line up. That may or may not be obvious from the title survey

[palyokopa]

Originally Posted by drewguy

Look at your title. Ask your neighbor if you can look at his title. If it is in fact an easement it may be recorded and appear on your title or the title survey. If it is owned by the county in fee simple then your plat and your neighbors plat won't quite line up. That may or may not be obvious from the title survey

Thanks drewguy. I appreciate your suggestion very much. All the more my neighbor was renting from his parents and recently purchased the property, so his papers are up to date and perhaps better detailed than mine. I remember years ago when I bought my property, the previous owner telling me that the ditch is owned by the county but I have to make sure before building my case for the hearing.

Thanks again!

[154NH773]

I do not see anywhere in your posts that you and your neighbor have formalized an agreement, or that you have been granted an easement for the encroachment. The BZA has no authority to grant you an easement regardless of whether they approved the building plan.

You may find yourself in a problem if he ever changes his mind, or sells the property.

I'm not sure what the status of the ditch has to do with anything, unless your construction is over it.

[palyokopa]

Originally Posted by 154NH773

I do not see anywhere in your posts that you and your neighbor have formalized an agreement, or that you have been granted an easement for the encroachment. The BZA has no authority to grant you an easement regardless of whether they approved the building plan.

You may find yourself in a problem if he ever changes his mind, or sells the property.

I'm not sure what the status of the ditch has to do with anything, unless your construction is over it.

Thank you for your input.

The dispute is not over the building plan. The dispute is over its location. The plan has been approved already by the county and the thing is in a frame stage at the moment.

The ditch is physically in between our properties and stretches along the fence continuing to divide other properties behind us. I was directed to the Department of Planning for establishing the ownership of the ditch's band of land (visually about 7-8 feet across).

So if the ditch is owned by the county, my property and my neighbor's properties will be separated completely (by approximately 7 feet) and he is not part of the dispute. He would be completely out of the loop. He already signed a petition to the county that he recommends them to keep the shed where it is. So he has no objections and this is applied to my petition in writing. All of my neighbors signed written statements to that
effect. Some of them even offered to come and argue on my behalf during the hearing.

If the county is the sole owner of the ditch area, it can grant me a easement and seal the situation by allow me to keep the shed as it is. It can also deny my petition and make me move it or tear it down. It would be between me and the county.

If the ditch is an easement on my neighbor's plot then my neighbor will sign an easement - no doubt about it. But one way or another, practically no owner of my neighbor's property can use the ditch area effectively anyway, because by law no activity which may obstruct the ditch's function or restrict the county access to it can be performed on the easement.

My shed is encroaching either:

a/ On a county controlled easement within my neighbors property;

or

b/ On a county property.

I hope I will find this out on Monday.