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Board upholds county violation after survey finds Joneses’ fence encroaches on neighbors
Summary
The Board of Appeals affirmed a DPIE violation requiring the Joneses to move portions of a permitted fence that county surveyors found overlaps neighboring property lines by several inches; the decision was unanimous.
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The Prince George's County Board of Appeals voted 3–0 May 6 to affirm a Department of Permitting, Inspections and Enforcement (DPIE) violation that found portions of a fence at 10213 Deep Creek Court encroached on neighboring properties.
Chief Inspector Denny Brittingham told the board that an independent, certified survey commissioned by the county showed two points where the fence extended over the property line by 4.3 inches and 6.7 inches. "The point on your left shows that it is 4.3 inches onto the neighbor's property. The point to the right shows that it's 6.7 inches across the property line," he said.
The homeowners, Glenn and Muriel (and Audrey) Jones, disputed the survey. They presented earlier surveys and said a private surveyor (Soltis/Curie & Associates in witness accounts) had placed stakes and shown the fence inside their property; they also provided documentation of prior permits and compliance actions (including moving a shed).
County counsel and DPIE explained that because conflicting private surveys existed — and because one private surveyor lacked state certification for the neighbor-submitted survey — DPIE commissioned a certified third‑party survey before pursuing enforcement. The board concluded DPIE's independent survey provided sufficient basis to uphold the violation and directed the homeowners to work with DPIE on next steps to move affected portions on to their property.
The board noted the matter concerned the fence location only and that the homeowners had addressed other issues (a shed) in prior proceedings.
