Abandoned adjoining property damaging my property

I have a waterfront property in an area that is prone to erosion from a large body of water. Most residents have paid to have buffering waterfront soil protection (soil fabric covered by large stones). The adjoining property has been unoccupied for over a decade, the owner passed away and his heirs have no interest in living on, nor maintaining, the property. That property has makeshift buffering which has failed. In recent years, the erosion has increased exponentially; so much so that a erosion hole about the size of an above ground pool and four feet deep has washed into the bay. This hole has begun to eat away at my property from behind my buffering (my stone is collapsing away from the waterfront). To remedy the situation in accordance with state regulations would cost $40-50 thousand dollars.

I was wondering if anyone knows case law that might compel my neighbors to adequately maintain their property of be liable to the destruction of mine

This is occurring in the state of Maryland.

Posted Aug 11, 2022, 11:25 AM UTC

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Funk_Doctor•

As a practical matter, you may be better off trying the state dept of environmental protection than trying to force the other property owner into action. The state may be able to do the remediation and charge the homeowner.

Beyond that, you and any other neighbors affected by this can talk to a real estate lawyer about possible courses of action. But if we're talking about a basically abandoned property, there may be limits to how much can be forced in the short term.

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