For example, most places say your structure cant exceed a certain height. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. 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. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). If yourown fence has seen better days, find out more about our fence repair services. If you go down this route your neighbour should . And make sure the fence height is allowed in your neighborhood. Dividing fences are a common cause of disputes between neighbours. For more details see our Privacy Policy. You are physically removing something that you do not own, which is breaking the law in most areas. Fence Building Law Basics for Homeowners - The Spruce I understand that you may have been unaware of this issue before I broughtit to your attention. Specify a reasonable period in which the neighbor should fix the encroachment, for . 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. I am keen to settlethis issue - as I am sure you are too. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Figure it out. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. I've attached a copy of my survey/plat map to illustrate this. Cookies Thank you. How soon am I likely to get the answer. Whatever the case, try to avoid heated arguments with the neighbors. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Neighbour has replaced our boundary fence | Mumsnet Instead, you should avoid the drama and put up a new fence yourself on your side of the property. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. App. However, illegal fencing doesnt give people the right to remove it without notice. In general, to the extent that a portion of your fence encroaches onto the neighbor's property, the neighbor can remove it or can take you to court to show that it encroaches and get the court to order or allow its removal. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. 12 The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Although we disagree about this, we are neighbours andneed to resolve the problem. 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. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. These templates can be used to invite a neighbour to meet regarding your property line dispute. Please let me know if you are able to attend. Branches from trees can often grow across property lines. I'm just getting in touch regarding the [insert species if known] tree at [location]. 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 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. 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. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay So, do your research before erecting a new one. In Washington state, the law addresses in detail the rights and responsibilities . Dont forget to check for any easements that may run through your property across the fence line. Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes If the wall or fence seems dangerous, point this out because your neighbour might not be . 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. What are the 4 types of boundary disputes? My neighbour doesn't want me to remove diseased trees on my land If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. But, you shouldnt go directly to just removing the fence. . Fences. Or, you could do a land swap. 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Click on a link to the section: 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. tree trunks are growing on a boundary and are destroying the boundary fence; . If they wont do that pay for it yourself. My neighbour has just built an extension. A building on the boundary is not considered a fence. Letter templates for resolving property line disputes. Neighbour is taking down MY fence! MoneySavingExpert Forum Local fence laws work on the assumption that boundary fences benefit both property . That way, you can sue nasty neighbors who try to tamper with your stuff. 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. 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. Is the old fence in need of replacement? Convenient, Affordable Legal Help - Because We Care! Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. 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 . Communicatingvia letter, also provides both parties with a written record of the dispute. Neighbour has built an extension over the boundary line!! - DIYnot Forums 32 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. "neighbour has screwed new fence posts to my garage on the boundary". How Long Does It Take To Install A Fence? Hi I have 4 neighbours bordering the length of my back garden on one side. Common Laws Around Trees and Garden Boundaries 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. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor's inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. So, they can't remove boundary fencing even if they don't like its location. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. I want to tell them to take thing down. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. Property Line and Fence Laws in Washington - FindLaw feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. However, they need to be able to prove this and then ask for your permission before they move the fence. Additionally, if you don't have a . Before you erect any fence, you should confirm your exact property boundary lines. 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. But what happens when fencing becomes the source of a dispute? Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. In this case, both neighbors have the right to the fence. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. Fencing Laws and Your Neighbors: FAQs - FindLaw However, for negligent action on the part of the public authority, s/he can sue for damages. Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated.They have also damaged lots of very . Fences and trees along the property line can easily give rise to disagreements. Let the county Assessor or Recorder know about the new deal. Fences are a part of the realty and become affixed to the land. What Can You Do When Your Neighbor's Fence is on Your Property? - The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. However, this matter can be tricky to navigate so we . The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. Falling out with them is likely to prove even more stressful; pursuing legal channels is only really an option when your neighbours fence is causing a safety hazard. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. Maybe call the building department and ask them to look for a permit for a fence? Can My Neighbor Remove Our Boundary Fence Legally? - Yard Blogger Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. Ct. App. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. What constitutes "use " varies by state. 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 ? The value is determined by replacement costs minus depreciation for age and use. Boundary fences can cause much dispute and debate between neighbours. You can suggest to your neighbor that they sell the piece of land in question to you. Additionally, in determining the amount of compensation for the taking of land in order to widen a street, injuries to fences have been considered as a proper element of damages. Its not difficult. Your neighbor is not legally allowed to remove your boundary fence. This is a complicated legal matter that we will try to make more straightforward for you. a local cafe or other neutral space] on [date] at [time]. 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 . The fence is your beighbour's as he purchased and erected it. My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. Neighbor can't do anything about it. There would now be two fences along the boundary. 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. 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). 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 . Fence erected inside boundary line. Every city has different rules regarding fences. They can confront you to negotiate or consult law enforcement instead. Thats because you have rights as the homeowner. Adverse Possession and Your Neighbour's Fence If they ignore your requests or neglect your lawful warnings, you can sue them in court. What To Do With Old Fence Posts (Heres What You Can Do). Causing permanent damage to your property. Laws about boundary fences can change based on where you live. 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. Perhaps we could meet to discuss these options [next week/add relevant date]. Is it technically on the edge of your property and, therefore, belongs entirely to you? This can be found in the deeds to your property. Boundaries and fences - South Australia Please note that Reddit automoderates posts by new accounts. Your property is on a corner and has more than one frontage. 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. Your neighbour can cut back that part of the hedge that . Step 1 - Talk to your neighbour. One of you OWNS the fence. You can do several things if a neighbor refuses to fix their broken fence. You can use the contract in court because its legally binding. Frequently asked questions Resolving conflicts involving trees on properties. The Act does not deal with disputes about fences that are not on a boundary line. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Our website uses cookies. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Expert: Catherine replied 2 years ago. 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. Fencing in Victoria | Dispute Settlement Centre of Victoria You dont have to stand by as your next-door neighbor ruins your fencing. However, those rules might differ for rental estates, public areas, or government buildings. This is for trees that do not require a permit from the council. Yes. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge 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. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Generally, a partition fence is built equally on both sides of the line. 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. Or your neighbour might offer you some cash to leave it where it is. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Such person is considered a tortfeasor. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. However, in cases where your neighbor doesn . 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. Can my neighbor take down my fence without permission? Choosing the Best Type of Fence for Your Garden. Establish the property lines instead. When the fence needs maintaining in the future, its down to them or successive owners of their property. They say good fences make great neighbors. Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. Each firm is independent of the others and regulated separately. 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. 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. 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. Usually, cities determine height limitations by the landscape and the traffic. Fences are not transitory, as personal estate. We use a range of cookies to improve your experience of our site. Usually in the rear corner of the yard. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. So, the homeowner is usually responsible for its location and upkeep. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. You cannot force your neighbor to put up a fence. 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. Fences and Neighbors FAQ | Nolo We've just had about 9k of . That, my friends, is the question. Then you have to find out if your neighbors have any rights to the existing structure. I doubt this would qualify as a partition fence but I could be wrong. Section62 Forumite. 2 June 2015 at 10:22AM. Then, give them time to make repairs. You should take care not to cause unnecessary damage to the tree. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Local laws differ regarding who owns a fence built on the property line. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Boundary disputes involve your neighbor using your property without your consent. Your responsibility as a fence owner - Queensland best to check with council planning department. Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side.. fencing and boundary accuracy - original boundary was straight whereas now it no longer is. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. This can beuseful should the matter have to be resolved before acourt in the future. So, be sure to maintain the area around your property line. I am keen to resolve this situation quickly and amicably. They have plants growing over the fence on their side. 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. I understand you wouldn't have done this on purpose, so I'm writing to you to see if we can clear this matter up. You might agree an alternative route for the fence. Editor, Marcus Herbert. If you want to have privacy, you will have to put up a fence on your side of the property. There are two main areas when it comes to boundary line disputes. 30 Welcome to /r/Legal, a community for discussing legal topics. Local authorities really are not too concerned about fencing issues. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. Rules about private fencing can vary from state to state. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). How to Write an Encroachment Notice | Legal Beagle Also, the . This fence you have looks fine.

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