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If neither of you put up the fence and it is directly on the property line, then you have both have ownership of the fence and any decisions regarding the fence must have approval from both parties. In some areas, the fence remains the property of whomever paid to install and maintain it. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. If the fence is on your side of the property line, then the fence is yours. 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. DID YOU KNOW: Some communities restrict the type of fencing you can use. [v] Sanders v. Lefkovitz, 292 S.W. 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 the fence is your property, it is illegal for a neighbor to attach something to it without your permission. When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. So, they cant remove boundary fencing even if they dont like its location. Generally to protect yourself from future . That means barriers that block entrances or hide street signs are illegal. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. Before you get the police involved, you should be a good neighbor and approach them with an open mind and let them know your concerns. Answer. You might agree an alternative route for the fence. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Heres everything you need to know. That way, you can sue nasty neighbors who try to tamper with your stuff. While it might annoy you to pay for something you consider is your neighbours responsibility, its best to be pragmatic in a situation like this. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. In general, cities prohibit fencing that obstructs the view or slows traffic flow. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. If you want to have privacy, you will have to put up a fence on your side of the property. link to How To Organize A Bathroom Closet. If the tree is not yours, do you know who is responsible? However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. A survey is the only way to sort it out. But other factors can affect the rules as well. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). feedback. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . You will only earn a small fine and a bad neighbor reputation. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. The boundary fence around your property belongs to the person who built it. If you do not obtain approval, then you may open yourself up to legal issues. Plus, they can sue if your fence is too high. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. You can do several things if a neighbor refuses to fix their broken fence. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. I objected to his extension and stated that under no circumstances could he take down the fence. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. But, in some cases, your neighbor will not be so friendly. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. A polite clarification might be all that is needed to . I am keen to resolve this issue amicably and as quickly as possible. jobs, UK VAT Registered: 850 4121 63, Can my neighbour legally move her fence on to my boundary, Repositioning Concrete Fence Posts due to Neighbour's Extension, Can my neighbour force me to move my fence which is about four inches over his side. My neighbour has just built an extension. Fences pass by a sale of the land as the soil [iii]. Must the encroachment over the boundary line be removed or may it legally remain in place? Yard Blogger is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. You can use the contract in court because its legally binding. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. In addition, if you have neighbours whose garden backs onto to the rear of yours, you may needto find out who is responsible for any fence on this boundary, too. Local authorities really are not too concerned about fencing issues. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Then, determine whos responsible for its placement and upkeep. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. tree trunks are growing on a boundary and are destroying the boundary fence; . The value is determined by replacement costs minus depreciation for age and use. Today at 9:15AM. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Well only use this information to handle your enquiry and we wont share it with any third parties. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Ct. App. The standard for measuring damages for such removal or destruction is its value at the time. I doubt this would qualify as a partition fence but I could be wrong. They also have the right to remove the fence when they please. First of all, establish who is responsible for the fence on theboundary in question. We often link to other websites, but we can't be responsible for their content. 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. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). You will want to know this regardless. Whichever neighbor owns the boundary fence is responsible for it. In a lot of states a boundary fence is the responsibility of both neighbors. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. However, if your neighbor put up a fence that is landing on your side of the property line, then you do have a small right to the fence. The proof involves documentation of your property lines. Your Get free, zero-commitment quotes from pro contractors near you. To put the fence on the boundary would mean digging the rockery up as it straddles the boundary with UPDATE - Thanks for the advice guys! Let us explain. You might also enjoy our post on Can Your Neighbor Paint Your Fence? a local cafe or other neutral space] on [date] at [time]. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Such person is considered a tortfeasor. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. Editor, Marcus Herbert. In one instance, you may have anissue over where the boundary line of the property actually sits. 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! 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. However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. A partition fence is the joint property of adjacent landowners. It depends on where you live. Giambrone provides client services worldwide through its member firms and affiliates, including Giambrone & Partners LLP, Giambrone & Partners Studio Legale Associato, Giambrone & Partners Sociedad Limitada Profesional and their subsidiaries and affiliates. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. 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. There are two main areas when it comes to boundary line disputes. In general, you should always build boundary fences with the panels facing outward along the border. Try to be fair. Some states define use as occupancy - such as using the land up to the fence . But, you would still have to put up the fence yourself. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. They say good fences make great neighbors. ), with fence ideas that look great, too. 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. For example, the neighbor's hedge or fence is encroaching on your property. 1927). This is assuming the boundary fence lies directly on the property line. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. Additionally, if you believe your neighbor has put up a fence to spite you, such as blocking a view, then you might be able to sue your neighbor for private nuisance. If you are planning to remove a large . Neighbors must take you to court to dispute the fence placement. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. However, in cases where your neighbor doesn . 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. By continuing to use the site, you agree to our use of these cookies. Registered in England No. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. You could hit it with some restoring wash and then stain it and it would look almost new. However, knowing exactly where your property lines are can be difficult. You can quite easily trim back leaves and branches, and you can even trim back roots if they are invasive, however this may have a detrimental impact on the whole plant. Letter templates for resolving property line disputes. If you are the owner of this tree, you have a legal responsibility to ensure it does not pose a danger to your neighbours or their property. 892, 899 (Miss. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! Ready to change the property lines around your house? Can my Neighbour remove boundary fence? Click on a link to the section: Dont forget to check for any easements that may run through your property across the fence line. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. And they can also sue you if you dont take it down when they ask. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Your neighbor is not legally allowed to remove your boundary fence. Theres sometimes an assumption that every house is responsible for the boundary to its left, but this isnt always the case; neighbouring properties may have had completely different boundary responsibilitiesidentified by the land vendor when the houses were built. Browse USLegal Forms largest database of85k state and industry-specific legal forms. The issue is whether it needs to be repaired or replaced and thats the matter being debated. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. 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 . Fences and trees along the property line can easily give rise to disagreements. Even if youve established that the problem fence is your neighbours responsibility, take some time to consider your options before you approach him or her. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Stay civil. Your neighbor can legally build a fence on the property line provided they are following the local ordinances and have notified you in advance and you have had no objections. In this situation, you really need to choose your battles wisely. 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 ? Either way, dont let people touch or move your stuff without consent. What are the 4 types of boundary disputes? If you're in an argument with a neighbor over a property issue, follow these steps: 1. About 8 years ago -we put a fence up in our garden about two feet in from the boundary because the previous neighbour refused to cut back bramble. Create an account to follow your favorite communities and start taking part in conversations. Don't use this disagreement to vent months or years of anger at your neighbor. You can't make changes to your side without their permission, such as painting it. Or see if your landlord can give you more information. Specify a reasonable period in which the neighbor should fix the encroachment, for . They must follow the appropriate channels to get you to take it down. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. You must have JavaScript enabled in your browser to utilize the functionality of this website. 100% positive If the structure is on your side of the line, it belongs to you. Boundary Rules And Neighbour Disputes. On If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. If your neighbours fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Neighbors can make the choice to put up a boundary fence if they both want to provide privacy to each other but there is no law that states you have to have a boundary fence. In Washington state, the law addresses in detail the rights and responsibilities . Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Every city has different rules regarding fences. the last 3 words need to be clarified. Next contact your city for any ordinances pertaining to the placement of fences. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. 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. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. I suspect were going to have to engage a surveyor to make that determination. If the property is rented or council-owned enquire with them if your neighbour has removed or . Or try to legally change the property lines if you cant settle the dispute. [ii] Trust v. Allamakee County Bd. Establish the property lines instead. 2 June 2015 at 10:22AM. There are some exceptions if the works are urgent or the adjoining owner cannot be located. Your property is on a corner and has more than one frontage. And the deal is good until someone changes it. When I bought my house I asked the neighbours behind if I could take out the old hedge (useless) and put up a fence, at my Down the decades, since 1937, the front divide between my semi and my neighbours has been wire fencing and then various forms of 2008-2023 MyBuilder Limited Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. Not if its a partition fence. Answered 3rd Jun 2016. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. Neighbor cannot replace a boundary line fence without your permission. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Bono Construction. Glad it is all agreed and everything will be put in writing. Answer (1 of 25): You have 3 questions, and the answers to all 3 are "No." Neighbor cannot remove a boundary line fence without your permission. If they disagree, you can hire a lawyer to help convince them. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. Sitemap Also think about whether it's safe to cut back the roots. Boundary fences are owned by both owners when both use the fence. I would be grateful if you would look into this as a matter of urgency. If the fence is sitting directly on the property line there might be a grandfather clause that allows it to go back directly on the property line. Generally, neighbours contribute equally. But, some common themes typically arise. 12 Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. In order for your neighbor to remove your boundary fence, they would have had to receive your permission first before they took down the fence, especially if you both signed a written agreement to share the responsibility of the fence. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. My neighbour has moved the boundary fence on to my land. (Heres Whats Required). Press J to jump to the feed. 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. What do I do if my letter doesnt solve the dispute? Neighbors must take you to court to dispute the fence placement. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. . Fence erected inside boundary line. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. 32 I am keen to settlethis issue - as I am sure you are too. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Describe the violation. Do I Need Planning Permission For a Fence? Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. . You cannot force your neighbor to put up a fence. Boundary fences may be built by the municipality in some cases, especially in new developments. If the wall is on the right, then you must ask your neighbour. And give the neighbors some logical reasons for the alteration. Still can't believe we didn't discuss this properly before work commenced. This can beuseful should the matter have to be resolved before acourt in the future. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. Either way, don't let people touch or move your stuff . I am writing regarding the [insert species] tree on your property. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. However, if neither of you put up the fence, then both of you share responsibility and ownership of the fence and your neighbor should have asked your permission first. best to check with council planning department, Darlington Member since 7 Sep 2016 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. You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. There are two main areas when it comes to boundary line disputes. If your neighbour owns the wall or fence. 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. Although we disagree about this, we are neighbours andneed to resolve the problem. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry.