In one instance, you may have anissue over where the boundary line of the property actually sits. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge Usually, cities determine height limitations by the landscape and the traffic. Thus, they must show ownership of the property to remove fencing around it. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. For example, the neighbor's hedge or fence is encroaching on your property. You could also call an inspector out and ask if they recommend a repair or replacement. So, do your research before erecting a new one. If they ignore your requests or neglect your lawful warnings, you can sue them in court. If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. By continuing to use the site, you agree to our use of these cookies. Or your neighbour might offer you some cash to leave it where it is. Neighbour is taking down MY fence! MoneySavingExpert Forum (Check for This First), Do I Need a Permit for a Pergola? 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. Then, keep detailed records of every decision you make. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. They're actually not next door neighbours so to speak, it's a strange garden configuration and they actually live on a cul-de-sac that's a few minutes walk away, but that long fence is theirs. You might also enjoy our post on Can My Neighbor Move My Fence? The neighbor who erected and obtained the permit for the fence owns it. You could hit it with some restoring wash and then stain it and it would look almost new. This fence you have looks fine. In State v. Roberts, the court observed that persons unlawfully and willfully, burning; destroying; pulling down; injuring; or removing any fence, wall, or other enclosure shall be guilty of a misdemeanor[viii]. 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. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Is It Legal to Have a Horse in Your Backyard? Fence erected inside boundary line. Boundary fences are supposed to help separate properties and eliminate disputes. Attach your survey or plat map highlighting the disputed area. For more details see our Privacy Policy. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. This is a complicated legal matter that we will try to make more straightforward for you. 1956). . 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. Your responsibility as a fence owner - Queensland In this case, the boundary fence belongs to both of you. 3.4K Posts. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Then, youll receive notice in the mail confirming the change. [Amended by 1981 c.897 30]. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. 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. Discuss your plans with your neighbour before you start putting . We use a range of cookies to improve your experience of our site. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Glad it is all agreed and everything will be put in writing. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. Shes a copywriter and editor for several home renovation companies in the U.S. and works alongside some of the biggest names in the industry. 1927). 83% positive They say good fences make great neighbors. Neighbour has removed my boundary fence - MyBuilder Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. You can bring the matter up to your local municipality as fence laws are local ordinances. Can My Neighbor Build a Fence on the Property Line? Must the encroachment over the boundary line be removed or may it legally remain in place? Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Therefore, I would like to suggest a meeting at [location eg. 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. 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. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? So, work toward peaceful living by utilizing the legal system. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Your neighbors can remove fencing if it impedes their yard. 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 ? First of all, establish who is responsible for the fence on theboundary in question. You cannot force your neighbor to put up a fence. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. So, look up public records to find out. If so, please would you take a look and arrange for the necessary work in order to make it safe? My neighbour has moved our boundary fence without consulting with me and has erected a small fence in its place.This has been our boundary for 37 years and is constructed of a privet hedge. Neighbour has built an extension over the boundary line!! - DIYnot Forums And make sure the fence height is allowed in your neighborhood. The Act does not deal with disputes about fences that are not on a boundary line. If yourown fence has seen better days, find out more about our. 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 can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. Rules for fences on boundaries | eHow UK 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. You might agree an alternative route for the fence. My neighbour's fence blew down into my garden and they haven't removed But, you shouldnt go directly to just removing the fence. a local cafe or other neutral space] on [date] at [time]. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. "neighbour has screwed new fence posts to my garage on the boundary". 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. Specify a reasonable period in which the neighbor should fix the encroachment, for . This evidence should hold up in court above everything else. 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. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. In this case, the neighbour would therefore have to be served notice as the extension affects their property. 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. [ii] Trust v. Allamakee County Bd. The location of a fence determines the jurisdiction of the court to determine the dispute. Neighbour's Fence On My Land - Property Disputes Maybe call the building department and ask them to look for a permit for a fence? Trentwood Fencing Ltd 2022| Built by Kontrolit. Can i remove a fence encroaching on my property? Neighbors must take you to court to dispute the fence placement. What Can You Do When Your Neighbor's Fence is on Your Property? 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. Please let us know how you heard about us, Administrative Law, Public Sector and Procurements, Private Client Services: Inheritance, Wills and Trusts, Trust, Inheritance and Succession Disputes, Property line disputes: letter templates to resolve issues. The hedge has been there since the 1930s. I live at [address], next door and am concerned there is a potential threat to health and safety. I am writing regarding the [insert species] tree on your property. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. If the wall or fence seems dangerous, point this out because your neighbour might not be . The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Can My Neighbor Remove A Boundary Fence? - Upgraded Home Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. Usually in the rear corner of the yard. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. However, those rules might differ for rental estates, public areas, or government buildings. Convenient, Affordable Legal Help - Because We Care! Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Boundary fences may be built by the municipality in some cases, especially in new developments. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Then, give them time to make repairs. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Thanks for your answers. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. Is the replacement fence reasonably the same cost? Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. 2 June 2015 at 10:22AM. The neighbors don't have the right to tamper with your private property. the last 3 words need to be clarified. In some areas, the fence remains the property of whomever paid to install and maintain it. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Figure it out. And some state laws may differ between counties. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. You must have JavaScript enabled in your browser to utilize the functionality of this website. My neighbour has moved our boundary fence without consulting And give the neighbors some logical reasons for the alteration. By writing to your neighbour you can clearly set out your issues and explain why you are not in agreement, this can be difficult to achieve in face-to-face meetings as discussionscan get heated. In the absence of mention of the hedge or boundary measurements in the titles of either property a Court is likely to assume that a line drawn through the centre of the base of the hedge represents the boundary; thus the hedge is joint property and cannot unilaterally be removed. On Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. So, be sure to maintain the area around your property line. When the fence needs maintaining in the future, its down to them or successive owners of their property. 12 Thats because you have rights as the homeowner. 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. We dont have a weed issue. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Either way, dont tamper with a property barrier until you establish the rightful owner. A fence in a boundary dispute will arise when one neighbor claims that the fence is on their property without their consent and the at-fault neighbor refuses the claim. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. You will want to know this regardless. Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council on board and I am sure they will back you up. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. This is assuming the boundary fence lies directly on the property line. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. Depending on neighbors. Welcome to /r/Legal, a community for discussing legal topics. Know Your Rights When It Comes to Neighbour Fence Disputes - The fencing notice forms the basis for the owners to . A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . But if it rests in your neighbors yard, its their responsibility. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. That means you have to determine the local mandates before doing anything. Then you have to find out if your neighbors have any rights to the existing structure. But, in some cases, your neighbor will not be so friendly. 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. 2d 79, 81 (La. You can use the contract in court because its legally binding. Stay Legal with These Must-Know California Fence Laws! - Home Garden Guides If you are planning to remove a large . Can I Remove Utility Flags In My Yard: Is this Illegal? We will pay for the fence and retain ownership, responsibilities for repair etc. Answered 3rd Jun 2016. What constitutes "use " varies by state. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. Can My Neighbor Remove Our Boundary Fence Legally? - Yard Blogger Most cities have ordinances that require fences to be built a minimum of 6 off of the property line in order to prevent disputes such as this. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Next contact your city for any ordinances pertaining to the placement of fences. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. How soon am I likely to get the answer. Or see if your landlord can give you more information. Your neighbor may be entitled to move your fence if it encroaches on their property. Bankruptcy isn't the worst that can happen to you. Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter's field . The issue is whether it needs to be repaired or replaced and thats the matter being debated. Can A Neighbor Attach Something To My Fence? - Upgraded Home Thats because you could get in trouble for vandalism or trespassing if youre not careful. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Please note when writing your letter that if you want to sell or lease part of your land to your neighbour, you will need to gain permission from your mortgage provider. the reasonable value of the fence as an enclosure at the time of its removal. As for painting the fence I cannot see a problem at all . We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. Your rights are to use your property up to but not over the boundary line. Whichever neighbor owns the boundary fence is responsible for it. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 892, 899 (Miss. Click on a link to the section: You can do several things if a neighbor refuses to fix their broken fence. 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. Neighbor cannot replace a boundary line fence without your permission. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? When in doubt, do good to thy neighbor even if they do not do good to you. And the deal is good until someone changes it. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. 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. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Ready to change the property lines around your house? 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. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. 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! Additionally, if you don't have a . I just want to know if I can legally remove the screws his has put in to my property. Removing your neighbors fence is illegal if you do not obtain their permission. To determine whether a fence is your responsibility or your neighbour's, the first thing you need to do is check where your boundary is. If you're not splitting the cost, then let it stay until it's literally falling over. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. For example, . So what can you do? 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. 04/03/2016 18:32, Thanks so much for all the replies. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. There are two main areas when it comes to boundary line disputes. 1.2K Posts. Think Before You Remove That Hedge - Stephensons Solicitors LLP Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Are you able to meet up on [provide two possible days/times] to try and find a way forward? So, be sure to check your local laws for more information. Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes Generally to protect yourself from future . My neighbour is getting a builder to take my fence down to - The Sun So, record your domain at the local courthouse. If the wall is on the right, then you must ask your neighbour. This post contains affiliate links from Amazon and other stores. It is not likely that you will face any jail time. 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. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. JavaScript seems to be disabled in your browser. 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. And make sure your neighbors are maintaining their fences correctly. 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. Common Laws Around Trees and Garden Boundaries If the boundary fence lies directly on the property line, then both parties are responsible for the fence, Responsibility can be assigned to only one party if there is a signed written agreement between both neighbors, One party is not allowed to remove or change the look of the fence without the permission of the other party, Causing permanent damage to your property and possibly your neighbors, Risking potential violent behavior from your neighbor. In some states, the neighbors can claim your land if they prove you abandoned it.
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