Does the Fence Follow the Property Line? A Survey Checklist

By Dawn Riley, Associate Broker, Realtor and Master Certified Negotiator | September 28, 2026

Large and irregular Southern Maryland parcels often combine old deeds, subdivision plats, private easements, wooded corners and improvements added over decades. Calvert County GIS is useful for orientation, but a Maryland-licensed surveyor controls professional boundary work. Title counsel determines the legal effect of recorded records and any discovered encroachment.

Start With the Choice the Client Must Make

A tax map, online GIS line, fence or mowing pattern is not a licensed boundary opinion. Buyers and owners need to understand the difference between a recorded plat, lender location drawing and boundary survey before assuming where a driveway, shed, pier, septic area or tree sits. For The Riley Team, the client’s decision sets the research order. We identify the controlling source, then establish when that answer is needed.

Assemble the Evidence Before Discussing Terms

• Current deed and every referenced plat, survey, easement and right-of-way instrument
• Prior boundary survey, location drawing, stakeout or improvement location certificate
• Title commitment and exception records affecting access or use
• Permit site plans for additions, pools, sheds, fences, septic systems and driveways
• Written neighbor agreements, maintenance arrangements or encroachment licenses
• Photographs and measurements of fences, buildings, walls, trees, utilities and driveway use

One organized file gives everyone the same factual starting point. An item remains unresolved until the responsible source provides it.

Practical Clues Worth Investigating

• A fence changes direction before reaching the apparent rear corner
• A shed, pool deck, retaining wall or driveway sits close to an assumed line
• The deed references an old plat that no one has located
• Neighbors share a driveway or waterfront access without a clear written agreement
• GIS acreage or line placement conflicts with the deed or field evidence
• A purchaser plans a future addition based only on an online map

Purchaser’s Action Plan

1. Read the title exceptions and obtain the referenced instruments.
2. Ask the surveyor which product will answer the purchaser’s actual question.
3. Walk the boundaries when practical and photograph visible occupation lines.
4. Compare proposed uses with setbacks, easements, septic reserve areas and Critical Area limits.
5. Send any discrepancy to the title company and attorney before the contract deadline.
6. Do not move a fence or confront a neighbor until the boundary and legal rights are verified.

Owner’s Preparation Plan

1. Locate prior surveys and the recorded plat before listing.
2. Disclose known disputes, shared uses or inconsistent occupation accurately.
3. Avoid marketing acreage or waterfront rights beyond documented records.
4. Resolve movable personal-home or parcel items and identify permanent improvements.
5. Obtain legal advice before signing a boundary or maintenance agreement.
6. Price and negotiate with the real effect of an encroachment rather than its emotional meaning.

The Riley Team’s Contract Approach

Dawn starts with the client’s intended use: maintain the existing yard, add a structure, secure access or simply obtain insurable title. The survey scope must answer that question. If an encroachment exists, the agreement should define whether it will be removed, licensed, insured over, accepted or resolved another way, subject to lender, title and legal approval.

A Huntingtown purchaser loves a yard that appears to extend to a split-rail fence. The recorded plat and a new boundary survey place part of the fence and a garden on the neighboring parcel. Dawn does not call the fence the legal line or accuse either owner. She sends the survey and title records to counsel, prices the impact on intended use and negotiates only after the purchaser understands the options.

Questions Southern Maryland Clients Ask

Is a Calvert County GIS map a home or parcel survey?

No. GIS is valuable for research and orientation, but mapped parcel lines are not a licensed boundary determination. Use a Maryland-licensed surveyor for a professional opinion.

When does an existing fence establish the legal boundary?

Not automatically. A fence may have been placed for convenience or may be inaccurate. A surveyor should locate the boundary, and an attorney should explain any legal claim or agreement.

How should a purchaser understand the difference between a location drawing and a boundary survey?

A location drawing generally shows improvements in relation to apparent boundaries for a limited purpose. A boundary survey is designed to establish or reestablish home or parcel lines under professional standards. Ask the surveyor which is appropriate.

Under what circumstances may a survey show easements?

A survey may plot easements when the records and scope permit, but title work identifies recorded instruments. The surveyor and title professional should evaluate the same source records.

How should a purchaser understand an encroachment?

It is a physical improvement or use crossing a boundary or burdening another home or parcel right. Its seriousness depends on location, size, use, records, title and legal remedies.

Will title insurance cover a fence or driveway problem?

Coverage depends on the policy, survey, exceptions and underwriting. The title company must provide the home or parcel-specific answer in writing.

Should a purchaser order a new survey?

Order the level of survey needed for the intended use and risk. A rural parcel, shared access, close improvements or future construction may justify more than a basic lender product.

Under what circumstances may the owner move the fence before closing?

Only after verifying the line, permits, association rules and legal rights. A rushed relocation without survey control may create a new dispute.

Do home or parcel lines control septic reserve areas?

Both matter. A septic area must lie within the applicable home or parcel rights and satisfy health requirements. Review the survey and health records together.

Who decides whether an encroachment is acceptable?

The purchaser decides whether the practical effect is acceptable, while the lender, title insurer and attorney decide their requirements. Dawn coordinates the evidence and contract response.

Related RileyTeam.net Real Estate Guides

• Is This 1974 Rambler Modular or a Pre-HUD Mobile Home?
• Who Can Sign the Contract When a Maryland Estate Sells a Home?
• Should You Test a Southern Maryland Home for Radon Before Closing?
• Who Repairs the Road? Private-Lane Questions Before You Buy
• A Flood Zone Is Only the Start: Documents Waterfront Buyers Need
• Can This Property Support an Accessory Apartment or Backyard Cottage?
• Is That Heating-Oil Tank Safe, Documented, and Insurable?
• The Appraisal Came In Low: What Evidence Belongs in an ROV?
• Termites, Carpenter Bees, or Old Damage? Read the WDI Report Carefully

For more about Dawn Riley’s experience and negotiation background, visit DawnRiley.net.

Sources Cited

• Maryland Board for Professional Land Surveyors, licensing FAQs
• Maryland COMAR, minimum standards for surveys
• Maryland Land Records and plats
• Calvert County, interactive maps

General real estate information only. Consult the appropriate legal, lending, tax, insurance, engineering or other licensed professional for the home or parcel.