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. In this case, the neighbour would therefore have to be served notice as the extension affects their property. Then, youll receive notice in the mail confirming the change. Can my Neighbour remove boundary fence? You could also call an inspector out and ask if they recommend a repair or replacement. They must follow the appropriate channels to get you to take it down. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. What do I do if my letter doesnt solve the dispute? In one instance, you may have anissue over where the boundary line of the property actually sits. 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. 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. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. Generally, a partition fence is built equally on both sides of the line. Old boundary fence becomes legal? If you do not obtain approval, then you may open yourself up to legal issues. (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? In some cases, yes, and in some cases, no. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. 100% positive There are two main areas when it comes to boundary line disputes. There would now be two fences along the boundary. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. But what happens when fencing becomes the source of a dispute? The issue is whether it needs to be repaired or replaced and thats the matter being debated. How Long Does It Take To Install A Fence? Just my two cents here, but do you know who owns the fence? A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. The hedge has been there since the 1930s. 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. But you might be struggling to figure out what kind of paint to use on garage walls. But, in some cases, your neighbor will not be so friendly. jobs, Bono Construction. Or they can argue that your structure encroaches on their land. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. 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. 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. When I built my fence, I had it surveyed and placed it 3" from the property line. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. If you do not wish to remove your [fence/hedge/other encroachment] there is the possibility of my selling or "lending" you this strip of land on the understanding that you acknowledge my ownership of the land. Risking potential violent behavior from your neighbor. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. . Therefore, I would like to suggest a meeting at [location eg. Discuss your plans with your neighbour before you start putting . Your neighbors can remove fencing if it impedes their yard. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. Maybe call the building department and ask them to look for a permit for a fence? London Member since 20 Apr 2011 Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Must the encroachment over the boundary line be removed or may it legally remain in place? The same holds true for fence maintenance and repairs. I am keen to resolve this situation quickly and amicably. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Fences are not transitory, as personal estate. Your neighbour might agree to remove the fence. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. I am keen to settlethis issue - as I am sure you are too. Section62 Forumite. 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. Either way, dont let people touch or move your stuff without consent. Can a Neighbour remove a boundary fence? Figure it out. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. 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. Fence erected inside boundary line. There you have it - the common laws around trees and garden boundaries. 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. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. [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. The best way to settle a boundary dispute is to talk to your neighbor first. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . As for painting the fence I cannot see a problem at all . Often hedges, fences or trees can encroach on a property line. By continuing to use the site, you agree to our use of these cookies. Today at 9:15AM. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). That, my friends, is the question. Hi I have 4 neighbours bordering the length of my back garden on one side. Re: Potential [insert species if known] tree issue. 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. Perhaps we could meet to discuss these options [next week/add relevant date]. 3.4K Posts. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. Boundary fences are owned by both owners when both use the fence. And make sure your neighbors are maintaining their fences correctly. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. 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. You can't make changes to your side without their permission, such as painting it. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). Fences are a part of the realty and become affixed to the land. Can your neighbor legally do this? But remember that fence posts should remain on your side of the property line. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. Property boundaries. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Communicatingvia letter, also provides both parties with a written record of the dispute. However, they need to be able to prove this and then ask for your permission before they move the fence. 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. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. Your neighbor is not legally allowed to remove your boundary fence. I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. Editor, Marcus Herbert. 2. So, the homeowner is usually responsible for its location and upkeep. In this situation, you really need to choose your battles wisely. Yourletter about yourdispute can be written in formal or informal terms. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Heres how to do it: Make sure they agree with the proposed boundary change. The standard for measuring damages for such removal or destruction is its value at the time. The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. A partition fence is the joint property of adjacent landowners. 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. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. I live at [address], next door and am concerned there is a potential threat to health and safety. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. 596, 598 (Tex. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. One of you OWNS the fence. They say good fences make great neighbors. Or ask the court to help you change the parameters. So, work toward peaceful living by utilizing the legal system. Ready to change the property lines around your house? You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. you disabled cookies on this website - some functions will not operate as intended. Re: Encroachment of [fence/hedge/other encroachment] onmy land. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. So, they can't remove boundary fencing even if they don't like its location. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Or try to legally change the property lines if you cant settle the dispute. Ct. App. I want to tell them to take thing down. 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. Yes. When the fence needs maintaining in the future, its down to them or successive owners of their property. 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. In general, you should always build boundary fences with the panels facing outward along the border. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. Registered in England No. So now comes the tricky part of figuring out if the boundary fence is indeed a boundary fence or if it actually belongs to you or your neighbor. But other factors can affect the rules as well. If you are planning to remove a large . That placement gives your lawn a sleek appearance and better curb appeal. Is it technically on the edge of your property and, therefore, belongs entirely to you? In this case, both neighbors have the right to the fence. According to my records, the [fence/hedge/other encroachment] is actually on my property. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. In some areas, the fence remains the property of whomever paid to install and maintain it. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). For example, this seller received $145,000 less than his asking price because there was an ongoing boundary dispute over a two-foot-wide strip of his driveway that actually belonged to his neighbors. That means you have to determine the local mandates before doing anything. Between 2 to 8 inches. 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. You might also enjoy our post on Can Your Neighbor Paint Your Fence? Dont forget to check for any easements that may run through your property across the fence line. 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 boundary fence around your property belongs to the person who built it. Rules about private fencing can vary from state to state. I understand that you may have been unaware of this issue before I broughtit to your attention. We often link to other websites, but we can't be responsible for their content. Have your neighbor agree to acknowledge your property right. Please refer to our full affiliate disclosure policy for full details. 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. Branches from trees can often grow across property lines. But, you shouldnt go directly to just removing the fence. 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. 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. What happens when one of those neighbors decides they want to remove a boundary fence though? I doubt this would qualify as a partition fence but I could be wrong. Fences. Civ. 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. If the structure is on your side of the line, it belongs to you. How to Stop Your Neighbors Dog From Digging Under Your Fence. If they wont do that pay for it yourself. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Press J to jump to the feed. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. 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. 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 . These will also determine what can be done as far as replacing or repairing a fence. jobs, of Supervisors, 599 N.W.2d 460 (Iowa 1999). You should take care not to cause unnecessary damage to the tree. JavaScript seems to be disabled in your browser. But if it rests in your neighbors yard, its their responsibility. Can I Remove Utility Flags In My Yard: Is this Illegal? Forcing a Neighbor to Remove an Ugly Fence . If yourown fence has seen better days, find out more about our. Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. If you're in an argument with a neighbor over a property issue, follow these steps: 1. Spite Fences: . Welcome to /r/Legal, a community for discussing legal topics. 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. For example, the neighbor's hedge or fence is encroaching on 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. The proof involves documentation of your property lines. link to How To Organize A Bathroom Closet. - Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. 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. Depending on neighbors. My neighbour has planning permission for an extension. Establish the property lines instead. Neighbors must take you to court to dispute the fence placement. Additionally, if you don't have a . 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