neighbour has removed boundary fence

Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. 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. They will update the public records as soon as possible. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Then, give them time to make repairs. You can both try to be sensitive. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. However, knowing exactly where your property lines are can be difficult. I am keen to settlethis issue - as I am sure you are too. This can beuseful should the matter have to be resolved before acourt in the future. You might also enjoy our post on Can My Neighbor Move My Fence? Thus, they must show ownership of the property to remove fencing around it. There are two main areas when it comes to boundary line disputes. Your neighbour might agree to remove the fence. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. 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. The proof involves documentation of your property lines. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. So, record your domain at the local courthouse. 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. Besides, you should speak to your neighbor directly before you go to the police. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. The Council acknowledged they were at fault and came up with the solution of building . Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Fences pass by a sale of the land as the soil[iii]. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. 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. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 2d 79, 81 (La. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Stay civil. Step 1 - Talk to your neighbour. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. However, they need to be able to prove this and then ask for your permission before they move the fence. If you do not obtain approval, then you may open yourself up to legal issues. It also suggests negative things about the neighbour who makes changes to a . It MIGHT say something about who has to maintain it. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! Find out more. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. [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. According to my records, the [fence/hedge/other encroachment] is actually on my property. Try to be fair. 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. Yes. Convenient, Affordable Legal Help - Because We Care! tree trunks are growing on a boundary and are destroying the boundary fence; . If you're in an argument with a neighbor over a property issue, follow these steps: 1. This is a complicated legal matter that we will try to make more straightforward for you. We will pay for the fence and retain ownership, responsibilities for repair etc. I would be grateful if you would look into this as a matter of urgency. Your neighbors can remove fencing if it impedes their yard. Fences are a part of the realty and become affixed to the land. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. 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. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. you disabled cookies on this website - some functions will not operate as intended. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? For example, in California, the fence law states that if a neighbor wants to put up a fence, the fence must remain on their side of the property line. 32 The standard for measuring damages for such removal or destruction is its value at the time. 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! - It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. Then, keep detailed records of every decision you make. 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. DID YOU KNOW: Some communities restrict the type of fencing you can use. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. . Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). Removing your neighbors fence is illegal if you do not obtain their permission. 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. Dividing Fences Act. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. 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. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. We were happy enough for them to do this and agreed verbally. But you cant establish the owner unless you can define the property lines. Also, the . best to check with council planning department. If your neighbour owns the wall or fence. 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. Or see if your landlord can give you more information. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. They say good fences make great neighbors. Perhaps we could meet to discuss these options [next week/add relevant date]. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Before you get the police involved, you should be a good neighbor and approach them with an open mind and let them know your concerns. Usually in the rear corner of the yard. I live at [address], next door and am concerned there is a potential threat to health and safety. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. If the boundary fence lies directly on the property line, then both parties are responsible for the fence, Responsibility can be assigned to only one party if there is a signed written agreement between both neighbors, One party is not allowed to remove or change the look of the fence without the permission of the other party, Causing permanent damage to your property and possibly your neighbors, Risking potential violent behavior from your neighbor. No Dig Vinyl Fence The white picket fence of your dreams, 2. But hire a lawyer for more information. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. If I were you I'd just say 'OK, it's on the list' every time it's brought up and continue doing what I was going to do. The fencing notice forms the basis for the owners to . Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Welcome to /r/Legal, a community for discussing legal topics. There you have it - the common laws around trees and garden boundaries. So what can you do? Figure it out. You can suggest to your neighbor that they sell the piece of land in question to you. That placement gives your lawn a sleek appearance and better curb appeal. Why send a letter to settle a property line dispute? Glad it is all agreed and everything will be put in writing. 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. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. The neighbor who erected and obtained the permit for the fence owns it. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. This can be done by you, but you would need a plot map and you would have to locate the property pin. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). Well only use this information to handle your enquiry and we wont share it with any third parties. 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 ? Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. 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. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Describe the violation. Browse USLegal Forms largest database of85k state and industry-specific legal forms. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. Fences are not transitory, as personal estate. 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. 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. - If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Although we disagree about this, we are neighbours andneed to resolve the problem. They must follow the appropriate channels to get you to take it down. As I left for work this morning, he handed me a builders business card and said his builder is starting work today, and will be taking down the fence. Usually, cities determine height limitations by the landscape and the traffic. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Her hobbies include architecture, art, mental health, and fashion. 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. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. 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 . Answer. Therefore, I would like to suggest a meeting at [location eg. If you go down this route your neighbour should . And they can also sue you if you dont take it down when they ask. Your best bet will be erecting the fence well within your property's boundaries. App. Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council on board and I am sure they will back you up. You might also enjoy our post on Can Your Neighbor Paint Your Fence? Thats because you have rights as the homeowner. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. You will want to know this regardless. Create an account to follow your favorite communities and start taking part in conversations. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. 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. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Have your neighbor agree to acknowledge your property right. Anything can be agreed in a mediation. 3.4K Posts. Thank you. You can bring the matter up to your local municipality as fence laws are local ordinances. 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. That means you have to determine the local mandates before doing anything. 892, 899 (Miss. A partition fence is the joint property of adjacent landowners. 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. Let the county Assessor or Recorder know about the new deal. Ready to change the property lines around your house? of Supervisors, 599 N.W.2d 460 (Iowa 1999). This evidence should hold up in court above everything else. Ct. App. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. But other factors can affect the rules as well. However, in cases where your neighbor doesn . If the structure is on your side of the line, it belongs to you. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. 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. 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. It has really helped clarify the situation. We dont have a weed issue. Is it technically on the edge of your property and, therefore, belongs entirely to you? Knowing the rules and regulations for fences on boundary lines can help keep the peace. One of you OWNS the fence. This notice has to be served at least 21 days before submitting a planning application. Each county has different laws regarding property lines and boundary fences. 30 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. A building on the boundary is not considered a fence. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. What To Do With Old Fence Posts (Heres What You Can Do). 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). And make sure your neighbors are maintaining their fences correctly. Civ. That, my friends, is the question. Your neighbour can cut back that part of the hedge that . Specify a reasonable period in which the neighbor should fix the encroachment, for . 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. Fence erected inside boundary line. Neighbor cannot replace a boundary line fence without your permission. 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. martinsurrey Forumite. Any higher would have to have planning permission. Boundary fences can cause much dispute and debate between neighbours. 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. Click on a link to the section: I'm just getting in touch regarding the [insert species if known] tree at [location]. Or ask the court to help you change the parameters. There would now be two fences along the boundary. In one instance, you may have anissue over where the boundary line of the property actually sits. Until then, people cant tear up your property just because they dont like it. My fence needs . Yourletter about yourdispute can be written in formal or informal terms. It is more the dam cheak than anything else. 1956). the last 3 words need to be clarified. 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. 05272398. Local laws differ regarding who owns a fence built on the property line. 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. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. Fences and trees along the property line can easily give rise to disagreements. Letter templates for resolving property line disputes. "neighbour has screwed new fence posts to my garage on the boundary". Does the tree belong to you? This information will also be on your deeds. We often link to other websites, but we can't be responsible for their content. If your neighbor initially built the fence, then they are legally allowed to remove the fence. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Just my two cents here, but do you know who owns the fence? Until the contrary is shown, the partition fence is presumed to be the common property of both owners. 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. [Add below paragraph if other options are viable]. Please let me know if you are able to attend. 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. Your neighbor is not legally allowed to remove your boundary fence. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). 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. So, be sure to check your local laws for more information. litigation and dispute resolution services here, Who handles property line disputes - England & Wales law, Conflicts involving trees on properties - UK property laws, Using alternative dispute resolution for property line disputes, Solving driveway property line disputes with neighbours, How to solve fence property line disputes in the UK, How to survey property/boundary lines in the UK. 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. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Let us explain. It is not likely that you will face any jail time. Heres how to do it: Make sure they agree with the proposed boundary change. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. There would now be two fences along the boundary. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. You will only earn a small fine and a bad neighbor reputation. JavaScript seems to be disabled in your browser. Laws about boundary fences can change based on where you live. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Can my Neighbour remove boundary fence? An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. I suspect were going to have to engage a surveyor to make that determination. Is It Illegal to Walk Through a Gated Community? When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Answered 3rd Jun 2016. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. If they wont do that pay for it yourself. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. They can confront you to negotiate or consult law enforcement instead. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. A survey is the only way to sort it out. You must have JavaScript enabled in your browser to utilize the functionality of this website. But, you shouldnt go directly to just removing the fence. This is assuming the boundary fence lies directly on the property line. I've attached a copy of my survey/plat map to illustrate this. 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. 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. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Bristol Member since 1 Jun 2016 Other places may view the fence as the joint property of both neighbors. First of all, establish who is responsible for the fence on theboundary in question. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. Editor, Marcus Herbert. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. If so, then I'm not certain they have the ability to say that as a demand so much as a request unless your local law says they do. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Whatever the case, try to avoid heated arguments with the neighbors. You can use the contract in court because its legally binding. Is the old fence in need of replacement? We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. You can't make changes to your side without their permission, such as painting it. I spoke with our neighbour this afternoon and we came to an agreement. The same holds true for fence maintenance and repairs.

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