2 June 2015 at 10:22AM. You are physically removing something that you do not own, which is breaking the law in most areas. 1991). The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Branches from trees can often grow across property lines. 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. Can i remove a fence encroaching on my property? The public authority is empowered to remove fences encroaching a public street or highway[ii]. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. This information will also be on your deeds. Can My Neighbor Remove A Boundary Fence? - Upgraded Home Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. 12 Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Our website uses cookies. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. Bankruptcy isn't the worst that can happen to you. Let us explain. 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. Your property is on a corner and has more than one frontage. Boundary fences are supposed to help separate properties and eliminate disputes. 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. You can't make changes to your side without their permission, such as painting it. However, if you put up the fence accidentally on your neighbors side of the property line then you are actually encroaching on your neighbors property. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Browse USLegal Forms largest database of85k state and industry-specific legal forms. The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. Boundary fences can cause much dispute and debate between neighbours. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. 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. So, they cant remove boundary fencing even if they dont like its location. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. 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. 2. Good day . If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . 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. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. They say good fences make great neighbors. No Dig Vinyl Fence The white picket fence of your dreams, 2. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. 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! This is assuming the boundary fence lies directly on the property line. For example, most places say your structure cant exceed a certain height. Can My Neighbor Remove Our Boundary Fence Legally? - Yard Blogger So, look up public records to find out. Neighbors must take you to court to dispute the fence placement. 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. 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. jobs, Boundary disputes involve your neighbor using your property without your consent. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. 83% positive If so, please would you take a look and arrange for the necessary work in order to make it safe? 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. If the tree is not yours, do you know who is responsible? Or, you could do a land swap. . Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. You could hit it with some restoring wash and then stain it and it would look almost new. A building on the boundary is not considered a fence. Often hedges, fences or trees can encroach on a property line. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Then you have to find out if your neighbors have any rights to the existing structure. Generally to protect yourself from future . London Member since 20 Apr 2011 Adverse Possession and Your Neighbour's Fence My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. This means Yard Blogger may earn a commission if you make a purchase using any of our links. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. 3.4K Posts. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. This case shows the importance of checking your legal position before you remove any boundary . They can insist. JavaScript seems to be disabled in your browser. 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. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. What are the 4 types of boundary disputes? A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. If you are the owner of this tree, you have a legal responsibility to ensure it does not pose a danger to your neighbours or their property. Thank you for your cooperation on this matter. But, in some cases, your neighbor will not be so friendly. dig up the root and cut a tree root back to the boundary or fence line of your property. . In Washington state, the law addresses in detail the rights and responsibilities . We were happy enough for them to do this and agreed verbally. 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. Not if its a partition fence. As for painting the fence I cannot see a problem at all . 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. Also think about whether it's safe to cut back the roots. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. 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? In order for your neighbor to remove your boundary fence, they would have had to receive your permission first before they took down the fence, especially if you both signed a written agreement to share the responsibility of the fence. But what happens when fencing becomes the source of a dispute? I understand that you may have been unaware of this issue before I broughtit to your attention. 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. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. 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. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. Is the replacement fence reasonably the same cost? [iv] Miller v. Leonard, 588 So. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. Any higher would have to have planning permission. Falling out with them is likely to prove even more stressful; pursuing legal channels is only really an option when your neighbours fence is causing a safety hazard. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. Forcing a Neighbor to Remove an Ugly Fence . Yes. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). 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. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Dividing Fences Act. There would now be two fences along the boundary. The hedge has been there since the 1930s. Rules on boundary fences vary from city to city but they all mostly follow common themes such as who has ownership and when and who has responsibility for the maintenance of the fence. However, these deeds typically dont mention any structures, such as fences. So, confront them first in person or writing. So, they can't remove boundary fencing even if they don't like its location. The neighbor who erected and obtained the permit for the fence owns it. Stay Legal with These Must-Know California Fence Laws! - Home Garden Guides This is a complicated legal matter that we will try to make more straightforward for you. Such person is considered a tortfeasor. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. Press question mark to learn the rest of the keyboard shortcuts. The neighbours can agree on their contribution, or have this decided by an arbitrator. You have the legal right to remove the fence that is encroaching on your property but it is not necessarily recommended since it may result in some negative consequences. 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. Civ. 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. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. 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. Privacy notice You might agree an alternative route for the fence. Removing your neighbors fence is illegal if you do not obtain their permission. But if that is a fence on the property line, they'll need your consent to proceed with the removal. That, my friends, is the question. For more information or to arrange an appointment please fill in the form below. Terms and conditions You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. Dont forget to check for any easements that may run through your property across the fence line. Can neighbour remove boundary wall? Explained by Sharing Culture 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. Either way, don't let people touch or move your stuff . I am writing regarding the [insert species] tree on your property. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. Sitemap The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. Yes. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther. And the deal is good until someone changes it. Depending on neighbors. Today at 9:15AM. But if it rests in your neighbors yard, its their responsibility. That person makes the rules. Don't use this disagreement to vent months or years of anger at your neighbor. . Can my neighbor take down my fence without permission? Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. I live at [address], next door and am concerned there is a potential threat to health and safety. [ii] Trust v. Allamakee County Bd. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Thats because you could get in trouble for vandalism or trespassing if youre not careful. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Your responsibility as a fence owner. How Long Does It Take To Install A Fence? Boundaries and fences - South Australia If you do not obtain approval, then you may open yourself up to legal issues. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. 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. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. 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 ? There is no party wall agreement between us and they did not ask for permission. Neighbor cannot replace a boundary line fence without your permission. Or ask the court to help you change the parameters. Or they can argue that your structure encroaches on their land. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? you disabled cookies on this website - some functions will not operate as intended. Every city has different rules regarding fences. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. 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. My neighbour has planning permission for an extension. In California, two inches from the property line is enough when building 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. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge In this case, both neighbors have the right to the fence. Until then, people cant tear up your property just because they dont like it. The fencing notice forms the basis for the owners to . best to check with council planning department, Darlington Member since 7 Sep 2016 Make it clear in writing, you want this fence to stay. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. You dont have to stand by as your next-door neighbor ruins your fencing. That means barriers that block entrances or hide street signs are illegal. We just cant afford it to be honest. This can beuseful should the matter have to be resolved before acourt in the future. Re: Potential [insert species if known] tree issue. Neighbour has removed my boundary fence - MyBuilder It is not likely that you will face any jail time. (Check for This First), Do I Need a Permit for a Pergola? 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. Then, keep detailed records of every decision you make. Get a surveyor to check and see if the fence is on the easement of the property. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. 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 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 . The boundary fence around your property belongs to the person who built it. 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. 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. I am keen to settlethis issue - as I am sure you are too. I dont believe either of us can with certainty. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? This can be done by you, but you would need a plot map and you would have to locate the property pin. So, work toward peaceful living by utilizing the legal system. I objected to his extension and stated that under no circumstances could he take down the fence. This fence you have looks fine. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. By continuing to use the site, you agree to our use of these cookies. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. A survey is the only way to sort it out. 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 a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. Welcome to /r/Legal, a community for discussing legal topics. 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 same holds true for fence maintenance and repairs. 1927). I just want to know if I can legally remove the screws his has put in to my property. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. If you go down this route your neighbour should . 892, 899 (Miss. In some states, the neighbors can claim your land if they prove you abandoned it. You can use the contract in court because its legally binding. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Bristol Member since 1 Jun 2016 Dividing fences are a common cause of disputes between neighbours. Fence Building Law Basics for Homeowners - The Spruce you agreed to accept cookies from this website - thank you. Although we disagree about this, we are neighbours andneed to resolve the problem. And some state laws may differ between counties. In one instance, you may have anissue over where the boundary line of the property actually sits. Causing permanent damage to your property. 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. The construction of a fence into a street or highway is considered a nuisance. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. 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. martinsurrey Forumite. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. link to How To Organize A Bathroom Closet. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Also, the . As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Local authorities really are not too concerned about fencing issues. Or try to legally change the property lines if you cant settle the dispute. You will want to know this regardless. If you live in a neighborhood with an HOA look into their rules regarding fences as well. Texas does not have a specific state law that addresses boundary line fences. 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. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. 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. First off get a surveyor to find the exact property line. Fences are commonly involved in boundary disputes. Then, determine whos responsible for its placement and upkeep. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. The proof involves documentation of your property lines. Answered 3rd Jun 2016. Then, give them time to make repairs. Property Line and Fence Laws in Washington - FindLaw
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