I have a strong affection for property rights. There is something so basic about owning a home and land and enjoying your life on your property. As I see it, a person that owns a piece of land should be able to do with it as they wish. Of course, these rights are limited by the laws that we as a community have agreed to abide under. They should not, however, be limited by merely the preference of adjoining property owners.
Several years ago, our business, our sole source of income, was threatened when we had to defend our right to conduct business at our location. The process was expensive, lengthy, stressful and tedious. It drew our focus away from our everyday operation, cost money we could not spare and caused sleepless nights. Ultimately, the court ruled in our favor and we were allowed to maintain our business operation on our business zoned land, but it was not easy to recover from the money and time that had been lost.
Admittedly, my view of property rights has been formed by this life experience. Our business was located off a heavily traveled road. (Often overlooked as customers would frequently call unable to find us.) Also in the immediate area were several used car lots and a methadone clinic, but an intrusive "nosy neighbor" did not like the type of trucks we owned. In that case, the property we purchased had been for sale for an extended period of time. It had been a residence, but it was zoned for business and surrounded by businesses.
If consumers want to make sure nothing ever changes in their neighborhood, they need to know what adjacent zoning allows. Just because a home sits on a piece of property, does not necessarily mean it is zoned residential. If you are concerned about keeping everything just the way it was when you bought your home, you need to know what is allowable in adjacent zoning. Just as Mr. Brady taught Greg when he bought a convertible that was a lemon, the principle of caveat emptor is at play.
Buyers that want to live in a controlled environment in perpetuity need to consider living in a community regulated by a home owners association with strong covenants. They also need to immediately volunteer to serve on the Board of Directors so that they can make sure those covenants are energetically enforced. In this environment, you can be assured of exactly what will be allowed on the land adjacent to your home. Home owners associations and their covenants can impose much more strict standards on home appearance than zoning regulations ever do.
Outside of the municipalities and some home owners associations, there are very few limitations on fencing in Carroll County. If you are that concerned about what you are going to see next door, build a fence. In fact, you can build a tall fence. As much as you may enjoy an unobstructed view of the woods across the street, you do not have a right to a view. If the empty lot across the street is for sale, you need to buy it if you want to control how it is used.
Frequently, in testimony before the county's Board of Zoning Appeals, residents complain that they were "told" that land was going to stay a farm or whatever. Perhaps some unscrupulous sales people have made false claims, but again, I say it is up to the buyer to know the difference between what they own (their property) and what their neighbors own. You have a right to the property you own, but you do not have a right to what someone else owns.
Maybe it is just me, but when I drive down my street, I am too busy thinking about what I need to do as soon as I get in the door at home to be too bothered by whether or not there is an untagged vehicle in my neighbor's driveway. I barely notice if solar panels have been installed on a nearby roof. The minor details of how my neighbor lives has very little influence on my happiness. I truly cannot understand those that get bogged down in trying to limit — or control — what their neighbors are doing on their land.
Karen Leatherwood writes from Eldersburg. Reach her at leatherwoodkarenm@gmail.com.
