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! They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Browse USLegal Forms largest database of85k state and industry-specific legal forms. If the structure is on your side of the line, it belongs to you. For example, most places say your structure cant exceed a certain height. Bankruptcy isn't the worst that can happen to you. And what can you do if they violate your property lines? 100% positive For example, . Additionally, if you don't have a . 2 June 2015 at 10:22AM. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. My Neighbour's Hedge Is Overgrown. The neighbors don't have the right to tamper with your private property. Or, you could do a land swap. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. To put the fence on the boundary would mean digging the rockery up as it straddles the boundary with UPDATE - Thanks for the advice guys! Heres everything you need to know. On Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. If the wall or fence seems dangerous, point this out because your neighbour might not be . Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. 05272398. But hire a lawyer for more information. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Your neighbor is not legally allowed to remove your boundary fence. This can be done by you, but you would need a plot map and you would have to locate the property pin. Knowing the rules and regulations for fences on boundary lines can help keep the peace. 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. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. And, if you tell him not to, Neighbor cannot come onto your property without y. And make sure the fence height is allowed in your neighborhood. 32 You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Your best bet will be erecting the fence well within your property's boundaries. You must have JavaScript enabled in your browser to utilize the functionality of this website. Press J to jump to the feed. If the tree is not yours, do you know who is responsible? 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. Re: Encroachment of [fence/hedge/other encroachment] onmy land. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). You should take care not to cause unnecessary damage to the tree. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. a local cafe or other neutral space] on [date] at [time]. 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. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. There would now be two fences along the boundary. [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. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Anything can be agreed in a mediation. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. 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. Just my two cents here, but do you know who owns the fence? 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. DID YOU KNOW: Some communities restrict the type of fencing you can use. Next contact your city for any ordinances pertaining to the placement of fences. Yes. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Ready to change the property lines around your house? 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. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. Neighbors must take you to court to dispute the fence placement. 892, 899 (Miss. When the fence needs maintaining in the future, its down to them or successive owners of their property. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. First of all, establish who is responsible for the fence on theboundary in question. In some states, the neighbors can claim your land if they prove you abandoned it. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. You also cant cause a nuisance with your fence or put the neighbors in danger. Maybe call the building department and ask them to look for a permit for a fence? (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? 4 /9. I objected to his extension and stated that under no circumstances could he take down the fence. Boundary fences can cause much dispute and debate between neighbours. Please let me know if you are able to attend. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Between 2 to 8 inches. 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 can bring the matter up to your local municipality as fence laws are local ordinances. However, they need to be able to prove this and then ask for your permission before they move the fence. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? The location of a fence determines the jurisdiction of the court to determine the dispute. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. 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. 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. Your Get free, zero-commitment quotes from pro contractors near you. link to What Kind Of Paint For Garage Walls. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. 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. This is a complicated legal matter that we will try to make more straightforward for you. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. Establish the property lines instead. 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. Zippity Vinyl Fence Perfect for adding some style to your yard. . Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days. What To Do With Old Fence Posts (Heres What You Can Do). Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. . You can determine whose fence is whose by looking at the property line. In general, you should always build boundary fences with the panels facing outward along the border. Yes. tree trunks are growing on a boundary and are destroying the boundary fence; . 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. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Expert: Catherine replied 2 years ago. About 8 years ago -we put a fence up in our garden about two feet in from the boundary because the previous neighbour refused to cut back bramble. In this case, the neighbour would therefore have to be served notice as the extension affects their property. There you have it - the common laws around trees and garden boundaries. What constitutes "use " varies by state. That, my friends, is the question. That neighbor may have the right to modify the fence or remove it entirely. So what can you do? 30 "neighbour has screwed new fence posts to my garage on the boundary". 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 latters field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. 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. Forcing a Neighbor to Remove an Ugly Fence . They say good fences make great neighbors. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Re: Potential [insert species if known] tree issue. Either way, dont let people touch or move your stuff without consent. If the property is rented or council-owned enquire with them if your neighbour has removed or . If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. In some cases, yes, and in some cases, no. Or your neighbour might offer you some cash to leave it where it is. Stop fussing with the neighbors over the boundary fence. About 50% of the fence now has trenches under . 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. Perhaps we could meet to discuss these options [next week/add relevant date]. Boundary Rules And Neighbour Disputes. So, do your research before erecting a new one. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. So, record your domain at the local courthouse. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? 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 ? Removing your neighbors fence is illegal if you do not obtain their permission. Can my Neighbour remove boundary 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. In some areas, the fence remains the property of whomever paid to install and maintain it. 1956). They can confront you to negotiate or consult law enforcement instead. Why send a letter to settle a property line dispute? 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. App. It depends on where you live. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. 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. And they can also sue you if you dont take it down when they ask. [ii] Trust v. Allamakee County Bd. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. Whatever the case, try to avoid heated arguments with the neighbors. Registered in England No. Communicatingvia letter, also provides both parties with a written record of the dispute. 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. Fences are not transitory, as personal estate. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. Until then, people cant tear up your property just because they dont like it. My neighbour has planning permission for an extension. Step 1 - Talk to your neighbour. Of course, if the tree is not yours, please let me know, and I will contact the council. JavaScript seems to be disabled in your browser. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. First off get a surveyor to find the exact property line. [iv] Miller v. Leonard, 588 So. Welcome to /r/Legal, a community for discussing legal topics. Thank you for your cooperation on this matter. Generally, a partition fence is built equally on both sides of the line. Either way, don't let people touch or move your stuff . 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. We dont have a weed issue. Then you have to find out if your neighbors have any rights to the existing structure. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Risking potential violent behavior from your neighbor. 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. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. But, in some cases, your neighbor will not be so friendly. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. 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. Fences pass by a sale of the land as the soil[iii]. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. What are the 4 types of boundary disputes? When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. However, if one neighbor built the boundary fence, then they are responsible for it. You could hit it with some restoring wash and then stain it and it would look almost new. Your responsibility as a fence owner. Your property is on a corner and has more than one frontage. In this case, the boundary fence belongs to both of you. Today at 9:15AM. It also suggests negative things about the neighbour who makes changes to a . Glad it is all agreed and everything will be put in writing. Laws about boundary fences can change based on where you live. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. 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. Try to be fair. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. In deciding the amount of damages, the court must consider: However in calculating damages, the depreciation which the old fence had suffered due to age and use can be deducted. The proof involves documentation of your property lines. 1.2K Posts. Thats because you have rights as the homeowner. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. There are some exceptions if the works are urgent or the adjoining owner cannot be located. Discuss your plans with your neighbour before you start putting . - I am willing to sell the encroached land to you for a price agreed by an external surveyor. 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. . If they ignore your requests or neglect your lawful warnings, you can sue them in court. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. Press question mark to learn the rest of the keyboard shortcuts. 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. Your rights are to use your property up to but not over the boundary line. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Generally to protect yourself from future . As you are aware, we havedisagreed regarding [insert a brief description of your dispute here].