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Removing your neighbors fence is illegal if you do not obtain their permission. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Your best bet will be erecting the fence well within your property's boundaries. Can my neighbor take down my fence without permission? 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. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 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. If youre on good terms with your neighbour, a friendly approach to point out the state of the fence and asking them what their plans are mightdo the trick. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. 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. In this situation, you really need to choose your battles wisely. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. (Check for This First), Do I Need a Permit for a Pergola? 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. That will only escalate the situation. Re: Encroachment of [fence/hedge/other encroachment] onmy land. Let us explain. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Laws about boundary fences can change based on where you live. Generally to protect yourself from future . 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. How to Stop Your Neighbors Dog From Digging Under Your Fence. Fencing not erected along boundary - MyBuilder Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Lets examine what a boundary dispute is and how it can impact your life. 83% positive Your neighbor is not legally allowed to remove your boundary fence. Privacy notice After installing our neighbor decided to dig a trench within inches of the fence and install a drain. They can insist. Discuss your plans with your neighbour before you start putting . In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. Registered in England No. When I bought my house I asked the neighbours behind if I could take out the old hedge (useless) and put up a fence, at my Down the decades, since 1937, the front divide between my semi and my neighbours has been wire fencing and then various forms of 2008-2023 MyBuilder Limited So, look up public records to find out. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. 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]. Neighbors can make the choice to put up a boundary fence if they both want to provide privacy to each other but there is no law that states you have to have a boundary fence. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Fence wars: When things get nasty in the suburbs | Stuff.co.nz As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. My neighbour doesn't want me to remove diseased trees on my land - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Boundary fences are supposed to help separate properties and eliminate disputes. If you are planning to remove a large . Or ask the court to help you change the parameters. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. During co-ownership of a fence, both neighbors are responsible for maintaining their side of the fence and also have shared rights to the fence. Establish the property lines instead. However, they need to be able to prove this and then ask for your permission before they move the fence. 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. 32 For more details see our Privacy Policy. Neighbour has built an extension over the boundary line!! - DIYnot Forums If your neighbours fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. 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. This evidence should hold up in court above everything else. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. 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. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. Create an account to follow your favorite communities and start taking part in conversations. 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). Perhaps we could meet to discuss these options [next week/add relevant date]. 05272398. Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. For example, most places say your structure cant exceed a certain height. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Besides, you should speak to your neighbor directly before you go to the police. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. link to What Kind Of Paint For Garage Walls. Expert: Catherine replied 2 years ago. 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. Thus, they must show ownership of the property to remove fencing around it. Can a neighbor remove your boundary fence without permission? you disabled cookies on this website - some functions will not operate as intended. Her hobbies include architecture, art, mental health, and fashion. Today at 9:15AM. 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. It is not likely that you will face any jail time. And make sure your neighbors are maintaining their fences correctly. 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! Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library Your property is on a corner and has more than one frontage. So, they can't remove boundary fencing even if they don't like its location. 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. In California, two inches from the property line is enough when building the fence. You can suggest to your neighbor that they sell the piece of land in question to you. 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. Yes. 596, 598 (Tex. If the tree is not yours, do you know who is responsible? Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. jobs, Or try to legally change the property lines if you cant settle the dispute. About 50% of the fence now has trenches under . Neighbours Who Won't Fix Their Fence. What Can You Do? It depends on where you live. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Boundaries and fences - South Australia USLegal has the lenders!--Apply Now--. Rules about private fencing can vary from state to state. Dividing fences and other boundary issues | Legal Aid WA I had a fence that got blown over in a hurricane. This can be found in the deeds to your property. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. How soon am I likely to get the answer. Bristol Member since 1 Jun 2016 Next contact your city for any ordinances pertaining to the placement of fences. For example, . Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. 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]. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge Removal or Destruction of Fences - Fences - USLegal Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. Usually there will be a clear demarcation of who owns which part of the land and boundaries. The value is determined by replacement costs minus depreciation for age and use. If they wont do that pay for it yourself. Thanks for your answers. Nothing in the Act prevents neighbours coming to their own agreement about a fence, for example that one owner will pay the whole cost, or coming to an agreement . They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. 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. My new neighbour has removed the fence along our shared boundary Fencing law in Victoria | Department of Justice and Community Safety 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. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. I doubt this would qualify as a partition fence but I could be wrong. Spite Fences: . But you cant establish the owner unless you can define the property lines. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. This information will also be on your deeds. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. 1.2K Posts. Knowing the rules and regulations for fences on boundary lines can help keep the peace. You also cant cause a nuisance with your fence or put the neighbors in danger. neighbour has screwed new fence posts to my garage on the boundary tree trunks are growing on a boundary and are destroying the boundary fence; . England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. I want to tell them to take thing down. Civ. The neighbours can agree on their contribution, or have this decided by an arbitrator. Local fence laws work on the assumption that boundary fences benefit both property . 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. This fence you have looks fine. The neighbors don't have the right to tamper with your private property. Heres everything you need to know. 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. What are the 4 types of boundary disputes? 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. I look forward to seeing you on [date]. 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. I am keen to settlethis issue - as I am sure you are too. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. Your rights are to use your property up to but not over the boundary line. DID YOU KNOW: Some communities restrict the type of fencing you can use. What To Do With Old Fence Posts (Heres What You Can Do). 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. Convenient, Affordable Legal Help - Because We Care! I spoke with our neighbour this afternoon and we came to an agreement. Fences. Fence issue. My neighbor has asked us to pay to remove the boundary 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. 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. App. The Council acknowledged they were at fault and came up with the solution of building . That, my friends, is the question. Figure it out. Each county has different laws regarding property lines and boundary fences. Before you erect any fence, you should confirm your exact property boundary lines. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Templates for Writing a Property Line Dispute Letter - Giambrone Law Glad it is all agreed and everything will be put in writing. 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. Some states define use as occupancy - such as using the land up to the fence . 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. The standard for measuring damages for such removal or destruction is its value at the time. Fence erected inside boundary line. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. A private individual cannot claim damages from the authorities for removal of encroached fence. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. Between 2 to 8 inches. You will want to know this regardless. It is more the dam cheak than anything else. If your neighbors attach anything to your . martinsurrey Forumite. Neighbors must take you to court to dispute the fence placement. They also have the right to remove the fence when they please. Whatever the case, try to avoid heated arguments with the neighbors. Until then, people cant tear up your property just because they dont like it. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated.They have also damaged lots of very . Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Old boundary fence becomes legal? - BBC Gardeners' World Magazine These will also determine what can be done as far as replacing or repairing a fence. In general, you should always build boundary fences with the panels facing outward along the border. 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. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Step 1 - Talk to your neighbour. Press question mark to learn the rest of the keyboard shortcuts. And what can you do if they violate your property lines? A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. The neighbor who erected and obtained the permit for the fence owns it. 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. If you live in a neighborhood with an HOA look into their rules regarding fences as well. When I built my fence, I had it surveyed and placed it 3" from the property line. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . You dont have to stand by as your next-door neighbor ruins your fencing. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. There are two main areas when it comes to boundary line disputes. Neighbour is taking down MY fence! MoneySavingExpert Forum If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. As for painting the fence I cannot see a problem at all . If you're not splitting the cost, then let it stay until it's literally falling over. 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. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. (Heres Whats Required). Boundary fences are owned by both owners when both use the fence. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). - Good day . For an improper removal of a partition fence, an aggrieved party can bring an action for damages. [ii] Trust v. Allamakee County Bd. Can I Remove Utility Flags In My Yard: Is this Illegal? But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. You are allowed to sell a property engaged in an ongoing boundary dispute but you should be aware that it may affect your property value and you may have to disclose the dispute to potential buyers. I live at [address], next door and am concerned there is a potential threat to health and safety. This is a complicated legal matter that we will try to make more straightforward for you. 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. 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. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. I dont believe either of us can with certainty. [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. Your neighbour might agree to remove the 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. Not if its a partition fence. Get a surveyor to check and see if the fence is on the easement of the property. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Old boundary fence becomes legal? We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Fences are not transitory, as personal estate. Our website uses cookies. Dividing fences | State Library of NSW This is for trees that do not require a permit from the council. 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. Boundary Rules And Neighbour Disputes. 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. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Such person is considered a tortfeasor. 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. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . Adverse Possession and Your Neighbour's Fence My neighbour has moved the boundary fence on to my land. 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. Therefore, I would like to suggest a meeting at [location eg. Either way, don't let people touch or move your stuff . If you want to post a question it is best to do so with an established account, or it will not show up. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. link to How To Organize A Bathroom Closet. Of course, if the tree is not yours, please let me know, and I will contact the council. 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. But, you would still have to put up the fence yourself. 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. jobs, The neighbors dont have the right to tamper with your private property. 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. Thank you. I just want to know if I can legally remove the screws his has put in to my property. a local cafe or other neutral space] on [date] at [time]. This is assuming the boundary fence lies directly on the property line. 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. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. In some cases, yes, and in some cases, no. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. So, be sure to maintain the area around your property line. 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 ? 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. In a lot of states a boundary fence is the responsibility of both neighbors. best to check with council planning department, Darlington Member since 7 Sep 2016 Last year we removed the old wood fence and installed a new wood fence on the same line as original fence.