Sitemap Every city has different rules regarding fences. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. But, you would still have to put up the fence yourself. "neighbour has screwed new fence posts to my garage on the boundary". Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Or, you could do a land swap. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. If you have a big piece of property and are thinking about getting a horse, you might be wondering, Read More Is It Legal to Have a Horse in Your Backyard?Continue, Some people enjoy their privacy so much that they prefer living in an exclusive private community. Your Get free, zero-commitment quotes from pro contractors near you. I objected to his extension and stated that under no circumstances could he take down the fence. That way, you can sue nasty neighbors who try to tamper with your stuff. Thats because you could get in trouble for vandalism or trespassing if youre not careful. For more details see our Privacy Policy. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day. we have now removed the fence which is damaged, but the new neighbours say that because the fence has been there for some time, that the boundary has now changed . You have to remember if the root ball is removed and backfilled with soft materials the use of metal spikes will be suspect to movement.Most fence erecting companies would still requmend using concrete.the photos would suggest that is a significant height difference with the neighbour's property. That placement gives your lawn a sleek appearance and better curb appeal. Texas does not have a specific state law that addresses boundary line fences. My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property. Then, youll receive notice in the mail confirming the change. Its not difficult. In California, two inches from the property line is enough when building the fence. The proof involves documentation of your property lines. Then, give them time to make repairs. A boundary dispute arises when a neighbor believes their neighbor is infringing on their property by having an item or items placed on their property without their permission. The location of a fence determines the jurisdiction of the court to determine the dispute. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. Thus, they must show ownership of the property to remove fencing around it. Is It Legal to Have a Horse in Your Backyard? Oregon law has specific provisions for such and while we dont debate that the fence needs maintenance, we do contest that it needs to be replaced in full. Let us explain. This is a complicated legal matter that we will try to make more straightforward for you. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. I am keen to resolve this situation quickly and amicably. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Terms and conditions According to my records, the [fence/hedge/other encroachment] is actually on my property. Bristol Member since 1 Jun 2016 Your property is on a corner and has more than one frontage. Fence erected inside boundary line. They can confront you to negotiate or consult law enforcement instead. In a lot of states a boundary fence is the responsibility of both neighbors. Boundary fences are owned by both owners when both use the fence. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Until the contrary is shown, the partition fence is presumed to be the common property of both owners. 1991). You can use the contract in court because its legally binding. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Good day . If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. A polite clarification might be all that is needed to . If the fence is directly on your property line and you have both been maintaining the fence and the area around it, then your neighbor cannot remove the boundary fence. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. So, they cant remove boundary fencing even if they dont like its location. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. Or ask the court to help you change the parameters. Her hobbies include architecture, art, mental health, and fashion. However, this matter can be tricky to navigate so we . The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. Establish the property lines instead. Most of the time, this is not a cause for concern, but sometimes it can be dangerous, and you will need to discuss this with your neighbour. If you're not splitting the cost, then let it stay until it's literally falling over. Causing permanent damage to your property. So, confront them first in person or writing. - Bono Construction. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. jobs, Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. The construction of a fence into a street or highway is considered a nuisance. Of course, if the tree is not yours, please let me know, and I will contact the council. And what can you do if they violate your property lines? But if it rests in your neighbors yard, its their responsibility. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. Local authorities really are not too concerned about fencing issues. If the wall is on the right, then you must ask your neighbour. - Yes. Although we disagree about this, we are neighbours andneed to resolve the problem. You can bring the matter up to your local municipality as fence laws are local ordinances. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. The fence is your beighbour's as he purchased and erected it. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. By continuing to use the site, you agree to our use of these cookies. You can't make changes to your side without their permission, such as painting it. But, in some cases, your neighbor will not be so friendly. The neighbors dont have the right to tamper with your private property. If, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission. Is it technically on the edge of your property and, therefore, belongs entirely to you? Can a Neighbour remove a boundary fence? My neighbour has moved the boundary fence on to my land. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. In general, cities prohibit fencing that obstructs the view or slows traffic flow. I suspect were going to have to engage a surveyor to make that determination. Yourletter about yourdispute can be written in formal or informal terms. A title deed will show your propertys boundaries but they usually do not mention any structures that fall within the boundary or directly on the boundary, such as a boundary fence. They have plants growing over the fence on their side. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? What are the 4 types of boundary disputes? Removing your neighbors fence is illegal if you do not obtain their permission. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. Make it clear in writing, you want this fence to stay. You may need to get a copy of the titlr plan for both yours and your neighbours properties to check who is responsible for maintaining the boundary, because if the T does not fall on your land it may not show up on the title plan to your property. You must have JavaScript enabled in your browser to utilize the functionality of this website. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. dig up the root and cut a tree root back to the boundary or fence line of your property. You can determine whose fence is whose by looking at the property line. However, if you put up the fence accidentally on your neighbors side of the property line then you are actually encroaching on your neighbors property. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. 1949). And you have to check local records to determine the owner in those cases. About 50% of the fence now has trenches under . Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Knowing the rules and regulations for fences on boundary lines can help keep the peace. [v] Sanders v. Lefkovitz, 292 S.W. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. These templates can be used to invite a neighbour to meet regarding your property line dispute. Your neighbor is not legally allowed to remove your boundary fence. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Fences. Re: Potential [insert species if known] tree issue. If they disagree, you can hire a lawyer to help convince them. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. I dont believe either of us can with certainty. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Press J to jump to the feed. And some state laws may differ between counties. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. In a suit for damages for removal of fences, courts grant injunctions: Some statutes award criminal penalties on individuals who unlawfully fence the land of another. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. If so, please would you take a look and arrange for the necessary work in order to make it safe? However, now that I have written to you regarding the matter, I would appreciate your swift action on this. If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. The situation typically evolves into a dispute when the neighbor has been approached about the situation and either denies what they are doing or refuses to do anything about it. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Ready to change the property lines around your house? Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. Then, determine whos responsible for its placement and upkeep. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. The hedge has been there since the 1930s. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Spite Fences: . Additionally, if you don't have a . Depending on neighbors. Its worth knowing this before you get into a discussion (or worse, a disagreement), as you might decide that your neighbours solution is aesthetically worse than the current problem! London Member since 20 Apr 2011 Ask them to split the cost of a survey to see whose property it sits on. They just want a new fence - admittedly its not the prettiest fence and is old and were fine maintaining it but dont feel like we should have to pay for a new fence just because they would like a new one. For example, the neighbor's hedge or fence is encroaching on your property. It has really helped clarify the situation. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. A partition fence is the joint property of adjacent landowners. This is for trees that do not require a permit from the council. They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. We've just had about 9k of . I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. However, if one neighbor built the boundary fence, then they are responsible for it. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Are you able to meet up on [provide two possible days/times] to try and find a way forward? There are two main areas when it comes to boundary line disputes. Your neighbor may be entitled to move your fence if it encroaches on their property. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. And they can also sue you if you dont take it down when they ask. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. The fence law is a local law instated by municipalities that states if a fence is on a property line, then both owners are responsible for the fence, including maintenance, unless otherwise stated in a written agreement. Bankruptcy isn't the worst that can happen to you. Unless the tree is protected by a tree preservation order, you are allowed to: cut an overhanging branch back to the point where it enters your property. You really dont have any power when it comes to demanding your neighbor to put up a fence since they own their property and have the right to do what they want with it and what they dont want to do with it. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. If your neighbour owns the wall or fence. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. If the wall or fence seems dangerous, point this out because your neighbour might not be . And if you live in an urban area, the limitations on acceptable fencing could be even stricter. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. 1.2K Posts. JavaScript seems to be disabled in your browser. If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. you disabled cookies on this website - some functions will not operate as intended. If you do not obtain approval, then you may open yourself up to legal issues. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. But hire a lawyer for more information. the last 3 words need to be clarified. They must follow the appropriate channels to get you to take it down. Find out more. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Either way, don't let people touch or move your stuff . The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. DID YOU KNOW: Some communities restrict the type of fencing you can use. The legal position with regards to boundary and fence disputes, and how neighbours can often solve the problems themselves without having to resort to expensive legal action. Expert: Catherine replied 2 years ago. Is the old fence in need of replacement? There are some exceptions if the works are urgent or the adjoining owner cannot be located. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Fences pass by a sale of the land as the soil [iii]. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . If the fence is on your side of the property line, then the fence is yours. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Before you erect any fence, you should confirm your exact property boundary lines. Can my Neighbour remove boundary fence? Our website uses cookies. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. People often disagree over who pays for the building and upkeep of the fence, or the type of fence needed, particularly when one neighbour wants a fence for a specific purpose, such as to keep a dog.Your legal rights concerning a fence between your neighbour's and your land which are . Why send a letter to settle a property line dispute? [Amended by 1981 c.897 30]. Lets examine what a boundary dispute is and how it can impact your life. A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). [choose one of the below or offer a choice to your neighbour], - Please would you move your [fence/hedge/other encroachment], [number] metres/centimetres, so that it is no longer on my property, - Please consider this letter written permission for you to "borrow" this strip of land. Maybe call the building department and ask them to look for a permit for a fence? You have the legal right to remove the fence that is encroaching on your property but it is not necessarily recommended since it may result in some negative consequences. Other places may view the fence as the joint property of both neighbors. Although it was illegal for your neighbor to remove the fence, you should try to avoid the law as much as you can since boundary disputes can be lengthy and may impact the possibility of selling your house in the future. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. However, these deeds typically dont mention any structures, such as fences. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. When in doubt, do good to thy neighbor even if they do not do good to you. 596, 598 (Tex. If youre on good terms with your neighbour, a friendly approach to point out the state of the fence and asking them what their plans are mightdo the trick. Usually there will be a clear demarcation of who owns which part of the land and boundaries. That neighbor may have the right to modify the fence or remove it entirely. How soon am I likely to get the answer. You may be able to sue your neighbor for removing your boundary fence but after the legal costs and likely very long wait time to be seen in small courts, it may be more worth your time and money to just erect a new fence on your property line. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence . How Long Does It Take To Install A Fence? A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. My Neighbour's Hedge Is Overgrown. Trentwood Fencing Ltd 2022| Built by Kontrolit. Plus, they can sue if your fence is too high. This can be found in the deeds to your property. The best way to settle a boundary dispute is to talk to your neighbor first. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. Your best bet will be erecting the fence well within your property's boundaries. Property boundaries. Then, the court can order you to move it, take it down, or find an alternative. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. What happens when one of those neighbors decides they want to remove a boundary fence though? feedback, hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ?