Maryland Fence Law and Survey Requirements
Maryland does not have a statewide law requiring a land survey before building a fence. The Real Property Article of the Maryland Annotated Code addresses partition fences between landowners, but it does not mandate that either party obtain a survey before installation.
That said, building a fence without knowing where your property line is carries real risk. If the fence ends up on a neighbor's land, even by a few inches, the neighbor can require removal. Legal disputes over fence placement in Maryland are resolved in Circuit Court and can become expensive quickly.
Local Zoning Rules Matter More Than State Law
While state law is silent on survey requirements, local zoning codes in Maryland counties often set fence setback requirements from property lines. These rules vary by county and zone type.
- Montgomery County: Fences in residential zones must generally be set back from property lines depending on height and location. Setbacks near the street are stricter than interior side and rear yards. The exact requirements depend on which zoning category applies.
- Prince George's County: Similar setback requirements apply, and fence permits are required for structures over a certain height. The permit application requires identification of property lines.
- Baltimore City: Fence permits are required for structures over four feet in the front yard and over six feet in side and rear yards. Permit applications ask for property line setback confirmation.
- Frederick County: Residential fence permits require showing that the fence is within the property boundaries. A survey or recorded plat is acceptable documentation.
If your county requires a fence permit, check whether the application requires proof of property line location. If it does, a survey is effectively required.
When a Survey Is Worth the Cost
Even when a survey is not legally required, these situations make one worth getting:
- You do not have a recent survey of your property, or you are not certain where the corners are
- There is any ambiguity between you and a neighbor about where the line runs
- The intended fence runs close to the estimated property line (within a few feet)
- You are on a corner lot where the street-facing boundary can be unclear
- The property has complex terrain, old trees, or overgrown vegetation that obscures any existing monuments
- Your neighbor has already placed structures you suspect are close to or on your side of the line
What Happens Without a Survey
Fences built without surveys get placed on the wrong line more often than homeowners expect. People often misjudge where their property ends, especially when relying on informal markers or neighbors' accounts. A few inches of error on a 100-foot fence run means one or both ends could be on the wrong side of the line.
Maryland courts have addressed fence encroachment disputes for decades. The typical resolution involves the encroaching party removing the fence or paying compensation for an easement. Litigation is expensive. A survey costing $700 to $900 is usually a far better investment.
How to Proceed
Contact a licensed land surveyor to mark your property corners before starting fence installation. The surveyor will locate existing monuments or re-establish corners based on the deed and recorded plat. They can also confirm any setback requirements from the property line.
Find licensed surveyors in your area through our Maryland surveyor directory. Every listing is sourced from state licensing records so you can hire with confidence.