Fences. Your neighbors can remove fencing if it impedes their yard. But if it rests in your neighbors yard, its their responsibility. This fence you have looks fine. You can't make changes to your side without their permission, such as painting it. A partition fence is the joint property of adjacent landowners. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. I'm just getting in touch regarding the [insert species if known] tree at [location]. The value is determined by replacement costs minus depreciation for age and use. best to check with council planning department. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. I doubt this would qualify as a partition fence but I could be wrong. Rules on boundary fences vary from city to city but they all mostly follow common themes such as who has ownership and when and who has responsibility for the maintenance of the fence. Your rights are to use your property up to but not over the boundary line. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. 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. 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. Specify a reasonable period in which the neighbor should fix the encroachment, for . But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. A building on the boundary is not considered a fence. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. 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. Fences are not transitory, as personal estate. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. We just cant afford it to be honest. 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. Your neighbor is not legally allowed to remove your boundary fence. As for painting the fence I cannot see a problem at all . And, if you tell him not to, Neighbor cannot come onto your property without y. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. But if that is a fence on the property line, they'll need your consent to proceed with the removal. If they fail to notify you of the intent to remove the fence there is zero repercussions and you do know now many find out when the fence is gone. Worked at a fence company for 10+ years. Then, youll receive notice in the mail confirming the change. Boundary fences are supposed to help separate properties and eliminate disputes. Zippity Vinyl Fence Perfect for adding some style to your yard. 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. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. So what can you do? But, you shouldnt go directly to just removing the fence. Either way, dont tamper with a property barrier until you establish the rightful owner. 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. 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. 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. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. 30 That person makes the rules. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. 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. Depending on neighbors. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. 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. 32 It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. And give the neighbors some logical reasons for the alteration. 1.2K Posts. On Hello my partner's neighbour has removed a small dividing hedge between the two properties, . The construction of a fence into a street or highway is considered a nuisance. If your neighbor initially built the fence, then they are legally allowed to remove the fence. Usually there will be a clear demarcation of who owns which part of the land and boundaries. 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. A person is liable for removing, destroying, or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liable[i]. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. 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. This can be done by you, but you would need a plot map and you would have to locate the property pin. They can confront you to negotiate or consult law enforcement instead. Such person is considered a tortfeasor. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. So, they cant remove boundary fencing even if they dont like its location. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. [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. Usually in the rear corner of the yard. Figure it out. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. I am keen to settlethis issue - as I am sure you are too. 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. [ii] Trust v. Allamakee County Bd. 892, 899 (Miss. the last 3 words need to be clarified. Choosing the Best Type of Fence for Your Garden. Press J to jump to the feed. Fences are a part of the realty and become affixed to the land. 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. (Heres Whats Required)Continue, So, you have an event coming up, youre excited about it, and you want to let everyone know as, Read More Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors?Continue. Welcome to /r/Legal, a community for discussing legal topics. Don't use this disagreement to vent months or years of anger at your neighbor. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. There are two main areas when it comes to boundary line disputes. That means barriers that block entrances or hide street signs are illegal. 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 . Local fence laws work on the assumption that boundary fences benefit both property . This can beuseful should the matter have to be resolved before acourt in the future. Before you erect any fence, you should confirm your exact property boundary lines. If you have a big piece of property and are thinking about getting a horse, you might be wondering, Read More Is It Legal to Have a Horse in Your Backyard?Continue, Some people enjoy their privacy so much that they prefer living in an exclusive private community. Let us explain. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Generally to protect yourself from future . The proof involves documentation of your property lines. 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. According to my records, the [fence/hedge/other encroachment] is actually on my property. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). This information will also be on your deeds. Can a neighbor remove your boundary fence without permission? How to Stop Your Neighbors Dog From Digging Under Your Fence. But hire a lawyer for more information. Well only use this information to handle your enquiry and we wont share it with any third parties. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. The Act does not deal with disputes about fences that are not on a boundary line. Letter templates for resolving property line disputes. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Often hedges, fences or trees can encroach on a property line. 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. What To Do With Old Fence Posts (Heres What You Can Do). I want to tell them to take thing down. Old boundary fence becomes legal? 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. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. And they can also sue you if you dont take it down when they ask. Other places may view the fence as the joint property of both neighbors. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. 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. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Spite Fences: . A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. For more details see our Privacy Policy. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. These templates can be used to invite a neighbour to meet regarding your property line dispute. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? The fencing notice forms the basis for the owners to . Neighbors must take you to court to dispute the fence placement. 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. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. 83% positive Or try to legally change the property lines if you cant settle the dispute. Risking potential violent behavior from your neighbor. My neighbour has just built an extension. Or, you could do a land swap. 1991). 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. 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. link to What Kind Of Paint For Garage Walls. Or they can argue that your structure encroaches on their land. USLegal has the lenders!--Apply Now--. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. 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. Thats because you could get in trouble for vandalism or trespassing if youre not careful. Sharing a boundary line with a neighbor can unfortunately lead to conflict. 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. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Your Get free, zero-commitment quotes from pro contractors near you. 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. If the wall is on the right, then you must ask your neighbour. 100% positive This can be found in the deeds to your property. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. If you're not splitting the cost, then let it stay until it's literally falling over. Trentwood Fencing Ltd 2022| Built by Kontrolit. I am keen to resolve this situation quickly and amicably. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. Property boundaries. My Neighbour's Hedge Is Overgrown. 1949). Repairing a Boundary Fence; If a boundary fence needs to be repaired or . If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. (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? Thank you for your cooperation on this matter. In some areas, the fence remains the property of whomever paid to install and maintain it. martinsurrey Forumite. Expert: Catherine replied 2 years ago. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). jobs, This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Good day . Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Plus, they can sue if your fence is too high. Boundary fences are owned by both owners when both use the fence. 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. This notice has to be served at least 21 days before submitting a planning application. Re: Potential [insert species if known] tree issue. We often link to other websites, but we can't be responsible for their content. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? 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. 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. How soon am I likely to get the answer. I objected to his extension and stated that under no circumstances could he take down the fence. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. If your neighbors attach anything to your . But other factors can affect the rules as well. If you go down this route your neighbour should . . 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 might also enjoy our post on Can My Neighbor Move My Fence? feedback. Dont forget to check for any easements that may run through your property across the fence line. 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. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Boundary fences can cause much dispute and debate between neighbours. "neighbour has screwed new fence posts to my garage on the boundary". 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. They say good fences make great neighbors. Which I trust you understand, is a considerable difference. The situation typically evolves into a dispute when the neighbor has been approached about the situation and either denies what they are doing or refuses to do anything about it. We dont have a weed issue. Fences and trees along the property line can easily give rise to disagreements. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. 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. Thank you. You can both try to be sensitive. It is more the dam cheak than anything else. 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 ? A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Glad it is all agreed and everything will be put in writing. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Fences are commonly involved in boundary disputes. 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. You could also call an inspector out and ask if they recommend a repair or replacement. But, you would still have to put up the fence yourself. So, work toward peaceful living by utilizing the legal system. 2d 79, 81 (La. Then, keep detailed records of every decision you make. The location of a fence determines the jurisdiction of the court to determine the dispute. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. 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. 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. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. If you live in a neighborhood with an HOA look into their rules regarding fences as well. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. The neighbours can agree on their contribution, or have this decided by an arbitrator. Fences pass by a sale of the land as the soil[iii]. 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. 05272398. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. However, illegal fencing doesnt give people the right to remove it without notice. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. 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. jobs, If so, please would you take a look and arrange for the necessary work in order to make it safe? You can determine whose fence is whose by looking at the property line. Not if its a partition fence. 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 . Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. 97% positive . VAT Number 990 1088 14 | Company Number 8513999 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. Or see if your landlord can give you more information. 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. It depends on where you live. So, do your research before erecting a new one. You have to remember if the root ball is removed and backfilled with soft materials the use of metal spikes will be suspect to movement.Most fence erecting companies would still requmend using concrete.the photos would suggest that is a significant height difference with the neighbour's property. Please refer to our full affiliate disclosure policy for full details. Fences are a part of the realty and become affixed to the land. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. 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.
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