Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. About 50% of the fence now has trenches under . 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. I am writing regarding the [insert species] tree on your property. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. Usually in the rear corner of the yard. Also think about whether it's safe to cut back the roots. I just want to know if I can legally remove the screws his has put in to my property. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). So, the homeowner is usually responsible for its location and upkeep. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. However, if one neighbor built the boundary fence, then they are responsible for it. This can beuseful should the matter have to be resolved before acourt in the future. In some areas, the fence remains the property of whomever paid to install and maintain it. 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 . 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]. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. 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. That person makes the rules. 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. Neighbour has built an extension over the boundary line!! - DIYnot Forums Fencing law - Consumer NZ 30 An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. 1.2K Posts. Any higher would have to have planning permission. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. 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. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. link to How To Organize A Bathroom Closet. My Neighbour's Hedge Is Overgrown. Depending on neighbors. But if that is a fence on the property line, they'll need your consent to proceed with the removal. So what can you do? My neighbours "stole" the expensive fence work I paid for. So, if you have been considering digging a, Read More 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. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Either way, don't let people touch or move your stuff . 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. The best way to settle a boundary dispute is to talk to your neighbor first. 2. 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. This can be found in the deeds to your property. Removing your neighbors fence is illegal if you do not obtain their permission. 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. My neighbour has moved the boundary fence on to my land. This fence you have looks fine. Basically our neighbour informed us they were replacing the boundary fence between our properties assuming it was theirs as it runs to the left of their property. 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. Boundary and garden disputes - Citizens Advice Scotland England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). There are two main areas when it comes to boundary line disputes. In some states, the neighbors can claim your land if they prove you abandoned it. 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 . 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 ? Local authorities really are not too concerned about fencing issues. This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 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. 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. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. Are you able to meet up on [provide two possible days/times] to try and find a way forward? Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. Neighbor can't do anything about it. The construction of a fence into a street or highway is considered a nuisance. Would you be annoyed if your neighbour removed a boundary garden hedge Local fence laws work on the assumption that boundary fences benefit both property . 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. And the deal is good until someone changes it. In this case, the boundary fence belongs to both of you. 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. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. So, look up public records to find out. Can your neighbor legally do this? Each county has different laws regarding property lines and boundary fences. Heres everything you need to know. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. You can do several things if a neighbor refuses to fix their broken fence. Often hedges, fences or trees can encroach on a property line. For example, the neighbor's hedge or fence is encroaching on your property. Neighbour's Fence On My Land - Property Disputes 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. Neighbour has removed my boundary fence - MyBuilder JavaScript seems to be disabled in your browser. This notice has to be served at least 21 days before submitting a planning application. My neighbour has moved our boundary fence without consulting Fences. Yourletter about yourdispute can be written in formal or informal terms. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. 32 A polite clarification might be all that is needed to . I am keen to settlethis issue - as I am sure you are too. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. - 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. Can my neighbour remove the hedge? - Saga In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Which I trust you understand, is a considerable difference. Fencing in Victoria | Dispute Settlement Centre of Victoria Trees and Property Lines: 8 Things All Neighbors Should Know A survey is the only way to sort it out. In general, you should always build boundary fences with the panels facing outward along the border. They also have the right to remove the fence when they please. 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. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. Well only use this information to handle your enquiry and we wont share it with any third parties. the cost for replacing the fence with a new fence; the cost of returning the property to the condition it was in before the damage; or. That means you have to determine the local mandates before doing anything. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. 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. The Act does not deal with disputes about fences that are not on a boundary line. Neighbors must take you to court to dispute the fence placement. But, some common themes typically arise. The same holds true for fence maintenance and repairs. If they ignore your requests or neglect your lawful warnings, you can sue them in court. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. That means barriers that block entrances or hide street signs are illegal. Your neighbour can cut back that part of the hedge that . However, for negligent action on the part of the public authority, s/he can sue for damages. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. This case shows the importance of checking your legal position before you remove any boundary . The Council acknowledged they were at fault and came up with the solution of building . The location of a fence determines the jurisdiction of the court to determine the dispute. For more details see our Privacy Policy. Then you have to find out if your neighbors have any rights to the existing structure. 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. 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. You should take care not to cause unnecessary damage to the tree. Re: Potential [insert species if known] tree issue. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal 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. Some states define use as occupancy - such as using the land up to the fence . Repairing a Boundary Fence; If a boundary fence needs to be repaired or . I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Section62 Forumite. Please be advised that if we cannot resolve this issue swiftly and amicably, I will be forced to take the matter to court, seeking an ejectment order to force the removal of the [fence/hedge/other encroachment] from my land. Fences pass by a sale of the land as the soil[iii]. you agreed to accept cookies from this website - thank you. Why send a letter to settle a property line dispute? Therefore, I would like to suggest a meeting at [location eg. And make sure your neighbors are maintaining their fences correctly. No Dig Vinyl Fence The white picket fence of your dreams, 2. Thank you for your cooperation on this matter. . Press question mark to learn the rest of the keyboard shortcuts. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! The location of a fence determines the jurisdiction of the court to determine the dispute. But you cant establish the owner unless you can define the property lines. This is for trees that do not require a permit from the council. They say good fences make great neighbors. Or they can argue that your structure encroaches on their land. If you live in a neighborhood with an HOA look into their rules regarding fences as well. Don't use this disagreement to vent months or years of anger at your neighbor. Can My Neighbor Remove A Boundary Fence? - Upgraded Home We just cant afford it to be honest. Fences are not transitory, as personal estate. Click on a link to the section: When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. 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. . 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. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Let the county Assessor or Recorder know about the new deal. of Supervisors, 599 N.W.2d 460 (Iowa 1999). best to check with council planning department, Darlington Member since 7 Sep 2016 Besides, you should speak to your neighbor directly before you go to the police. Stay civil. 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. Heres how to do it: Make sure they agree with the proposed boundary change. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). If this isnt successful and you and your neighbour cannot come to an agreement, there may be no alternative than totake legal action and commence court proceedings. Is it technically on the edge of your property and, therefore, belongs entirely to you? We store towels, medicine, toiletry supplies, first-aid gear, massage devices, facial steamers, spare Painting your garage is a great way to improve the look of the space and make the walls easier to clean. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. Boundary disputes involve your neighbor using your property without your consent. Forcing a Neighbor to Remove an Ugly Fence . They will update the public records as soon as possible. For example, most places say your structure cant exceed a certain height. jobs, 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. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. Fences are a part of the realty and become affixed to the land. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Figure it out. Neighbor cannot replace a boundary line fence without your permission. Such person is considered a tortfeasor. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Additionally, if you don't have a . The neighbors have to prove to the courts that your fence causes problems in the community. Causing permanent damage to your property. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. That placement gives your lawn a sleek appearance and better curb appeal. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. 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. The neighbors don't have the right to tamper with your private property. This information will also be on your deeds. 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. It also suggests negative things about the neighbour who makes changes to a . Trentwood Fencing Ltd 2022| Built by Kontrolit. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. 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. Can A Neighbor Attach Something To My Fence? - Upgraded Home This can be done by you, but you would need a plot map and you would have to locate the property pin. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Ask them to split the cost of a survey to see whose property it sits on. Property boundaries. It is not likely that you will face any jail time. Generally, neighbours contribute equally. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Expert: Catherine replied 2 years ago. Common Laws Around Trees and Garden Boundaries 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 ? Neighbour is taking down MY fence! MoneySavingExpert Forum However, now that I have written to you regarding the matter, I would appreciate your swift action on this. Is It Illegal to Walk Through a Gated Community? First of all, establish who is responsible for the fence on theboundary in question. 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. 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. . If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Thats because you have rights as the homeowner. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides And some state laws may differ between counties. This is a complicated legal matter that we will try to make more straightforward for you. Registered in England No. Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes The hedge has been there since the 1930s. 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 this case, the boundary fence belongs to both of you. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. 97% positive If you are encroaching on your neighbors property in a certain area, you can suggest that they can have a piece of your land in another area. Your best bet will be erecting the fence well within your property's boundaries. Yes. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. A partition fence is the joint property of adjacent landowners. 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. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . a local cafe or other neutral space] on [date] at [time]. 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. 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. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. In this situation, you really need to choose your battles wisely. Fences and Neighbors FAQ | Nolo Answer. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. 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. Yes. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. If you want to post a question it is best to do so with an established account, or it will not show up. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin 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. Do I Need Planning Permission For a Fence? Every city has different rules regarding fences. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. 1991). For example, . It is more the dam cheak than anything else. Thank you. 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. 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. Neighbour replaced fence without asking me! - netmums.com One of you OWNS the fence. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. 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. 12 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. Is the old fence in need of replacement? 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. If your neighbor initially built the fence, then they are legally allowed to remove the fence. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence.