We've just had about 9k of . 1.2K Posts. 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. How to Write an Encroachment Notice | Legal Beagle But if it rests in your neighbors yard, its their responsibility. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. What To Do With Old Fence Posts (Heres What You Can Do). Just my two cents here, but do you know who owns the fence? They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Establish the property lines instead. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. You also cant cause a nuisance with your fence or put the neighbors in danger. Letter templates for resolving property line disputes. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. So, look up public records to find out. They can insist. Thank you for your cooperation on this matter. 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. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. we have now removed the fence which is damaged, but the new neighbours say that because the fence has been there for some time, that the boundary has now changed . 2 June 2015 at 10:22AM. Maybe call the building department and ask them to look for a permit for a fence? Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. 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. The standard for measuring damages for such removal or destruction is its value at the time. Let the county Assessor or Recorder know about the new deal. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. Boundary fences are owned by both owners when both use the fence. If your neighbour owns the wall or fence. You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. 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. The neighbor who erected and obtained the permit for the fence owns it. 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. The public authority is empowered to remove fences encroaching a public street or highway[ii]. The construction of a fence into a street or highway is considered a nuisance. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. Any modifications and attachments can only be done by the legal owner, meaning your neighbor, even if the side of the fence is facing their house, cannot legally change anything on your fence. So, confront them first in person or writing. Browse USLegal Forms largest database of85k state and industry-specific legal forms. The neighbors don't have the right to tamper with your private property. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Fact sheet - Boundary fences | Tasmania Legal Aid However, if one neighbor built the boundary fence, then they are responsible for it. They say good fences make great neighbors. If you want to have privacy, you will have to put up a fence on your side of the property. Your neighbour might agree to remove the fence. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. My neighbour's fence blew down into my garden and they haven't removed So, they can't remove boundary fencing even if they don't like its location. This can be found in the deeds to your property. Also, the . Can neighbour remove boundary wall? Explained by Sharing Culture Instead, you should avoid the drama and put up a new fence yourself on your side of the property. Each firm is independent of the others and regulated separately. Your responsibility as a fence owner - Queensland Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. Establishing Rights Over Fences & Boundaries In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Fences pass by a sale of the land as the soil[iii]. Neighbour has replaced our boundary fence | Mumsnet 3.4K Posts. That means barriers that block entrances or hide street signs are illegal. Some states define use as occupancy - such as using the land up to the fence . Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. This can beuseful should the matter have to be resolved before acourt in the future. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Would you be annoyed if your neighbour removed a boundary garden hedge My neighbour has taken part of my garden. What can I do? And you cant always knock down or move existing structures even if you own them. When the fence needs maintaining in the future, its down to them or successive owners of their property. Spite Fences: . 892, 899 (Miss. No Dig Vinyl Fence The white picket fence of your dreams, 2. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. That means you have to determine the local mandates before doing anything. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. Can a Neighbour remove a boundary fence? You can't make changes to your side without their permission, such as painting it. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. If so, please would you take a look and arrange for the necessary work in order to make it safe? Are you able to meet up on [provide two possible days/times] to try and find a way forward? 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. Its not difficult. [Amended by 1981 c.897 30]. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this. However, knowing exactly where your property lines are can be difficult. [v] Sanders v. Lefkovitz, 292 S.W. 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. However, this matter can be tricky to navigate so we . First of all, establish who is responsible for the fence on theboundary in question. - [iv] Miller v. Leonard, 588 So. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. This post contains affiliate links from Amazon and other stores. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. Heres everything you need to know. So what can you do? But if that is a fence on the property line, they'll need your consent to proceed with the removal. Neighbour is taking down MY fence! MoneySavingExpert Forum Please get in contact with us either by calling the number below or emailing us. Although we disagree about this, we are neighbours andneed to resolve the problem. You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle If they ignore your requests or neglect your lawful warnings, you can sue them in court. jobs, (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. My neighbour has just built an extension. One of you OWNS the fence. (Heres Whats Required). 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. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. That placement gives your lawn a sleek appearance and better curb appeal. 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 ? To comment on this thread you need to create a Mumsnet account. Your neighbor may be entitled to move your fence if it encroaches on their property. 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. Press J to jump to the feed. But, some common themes typically arise. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. Your neighbors can remove fencing if it impedes their yard. For example, the neighbor's hedge or fence is encroaching on your property. Next contact your city for any ordinances pertaining to the placement of fences. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . I spoke with our neighbour this afternoon and we came to an agreement. Line Fences Act | ontario.ca [ii] Trust v. Allamakee County Bd. But what happens when fencing becomes the source of a dispute? And what can you do if they violate your property lines? And you have to check local records to determine the owner in those cases. 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. Other places may view the fence as the joint property of both neighbors. 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 you disagree with your neighbour about a wall or fence 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. Still can't believe we didn't discuss this properly before work commenced. the reasonable value of the fence as an enclosure at the time of its removal. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. Do I Need Planning Permission For a Fence? After installing our neighbor decided to dig a trench within inches of the fence and install a drain. This means Yard Blogger may earn a commission if you make a purchase using any of our links. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Dividing fences are a common cause of disputes between neighbours. Resolving conflicts involving trees on properties. We just cant afford it to be honest. This is for trees that do not require a permit from the council. I had a fence that got blown over in a hurricane. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. In some states, the neighbors can claim your land if they prove you abandoned it. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. These templates can be used to invite a neighbour to meet regarding your property line dispute. Rules for fences on boundaries | eHow UK And make sure your neighbors are maintaining their fences correctly. 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. What do I do if my letter doesnt solve the dispute? - I am willing to sell the encroached land to you for a price agreed by an external surveyor. I just want to know if I can legally remove the screws his has put in to my property. Try to be fair. dig up the root and cut a tree root back to the boundary or fence line of your property. A question which may be important depending where you live .. you said it lies between the properties but that you're the one maintaining it and the neighbor wants you to pay for the replacement? Ready to change the property lines around your house? 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. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides According to my records, the [fence/hedge/other encroachment] is actually on my property. If the fence is on your side of the property line, then the fence is yours. We dont have a weed issue. It MIGHT say something about who has to maintain it. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Is the old fence in need of replacement? Common Laws Around Trees and Garden Boundaries England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. They have plants growing over the fence on their side. Your property is on a corner and has more than one frontage. of Supervisors, 599 N.W.2d 460 (Iowa 1999). I objected to his extension and stated that under no circumstances could he take down the fence. In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. However, these deeds typically dont mention any structures, such as fences. We were happy enough for them to do this and agreed verbally. Boundary fences may be built by the municipality in some cases, especially in new developments. 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.

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