In this case, both neighbors have the right to the fence. You could hit it with some restoring wash and then stain it and it would look almost new. As for painting the fence I cannot see a problem at all . Of course, if the tree is not yours, please let me know, and I will contact the council. [ii] Trust v. Allamakee County Bd. This can be found in the deeds to your property. Yes. However, for negligent action on the part of the public authority, s/he can sue for damages. Neighbors must take you to court to dispute the fence placement. That means you have to determine the local mandates before doing anything. You are physically removing something that you do not own, which is breaking the law in most areas. My neighbour's fence blew down into my garden and they haven't removed Thus, they must show ownership of the property to remove fencing around it. (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. Stay civil. Removing your neighbors fence is illegal if you do not obtain their permission. You can bring the matter up to your local municipality as fence laws are local ordinances. Your neighbor may be entitled to move your fence if it encroaches on their property. Ct. App. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. Stay Legal with These Must-Know California Fence Laws! - Home Garden Guides There are two main areas when it comes to boundary line disputes. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Can a Neighbour remove a boundary fence? I am keen to resolve this situation quickly and amicably. 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. 100% positive If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. Specify a reasonable period in which the neighbor should fix the encroachment, for . My new neighbour has removed the fence along our shared boundary The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Dividing Fences Act. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Dividing fences | State Library of NSW A partition fence is the joint property of adjacent landowners. A survey is the only way to sort it out. For example, . Your rights are to use your property up to but not over the boundary line. Yes. Generally to protect yourself from future . 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. If they wont do that pay for it yourself. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. And make sure your neighbors are maintaining their fences correctly. 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. It depends on where you live. 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 want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. Fence wars: When things get nasty in the suburbs | Stuff.co.nz So, look up public records to find out. 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. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. 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 . As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence . 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. But hire a lawyer for more information. Fences and Neighbors FAQ | Nolo Editor, Marcus Herbert. There are two main areas when it comes to boundary line disputes. Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latters field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. They say good fences make great neighbors. Usually, cities determine height limitations by the landscape and the traffic. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. If they ignore your requests or neglect your lawful warnings, you can sue them in court. Additionally, if you don't have a . If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. If yourown fence has seen better days, find out more about our fence repair services. 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. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. the reasonable value of the fence as an enclosure at the time of its removal. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. The Council acknowledged they were at fault and came up with the solution of building . 83% positive You will want to know this regardless. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. 596, 598 (Tex. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. That, my friends, is the question. Anything can be agreed in a mediation. Every city has different rules regarding fences. Fences pass by a sale of the land as the soil [iii]. Whatever the case, try to avoid heated arguments with the neighbors. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. My neighbour has moved our boundary fence without consulting 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. Your Get free, zero-commitment quotes from pro contractors near you. You should take care not to cause unnecessary damage to the tree. 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. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. These templates can be used to invite a neighbour to meet regarding your property line dispute. jobs, How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? What happens when one of those neighbors decides they want to remove a boundary fence though? And what can you do if they violate your property lines? Can I Remove Utility Flags In My Yard: Is this Illegal? We often link to other websites, but we can't be responsible for their content. Your neighbour might agree to remove the fence. Fences are a part of the realty and become affixed to the land. If the tree is not yours, do you know who is responsible? Local laws differ regarding who owns a fence built on the property line. Think Before You Remove That Hedge - Stephensons Solicitors LLP Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. 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. Browse USLegal Forms largest database of85k state and industry-specific legal forms. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? In this case, the boundary fence belongs to both of you. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. "neighbour has screwed new fence posts to my garage on the boundary". 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. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Besides, you should speak to your neighbor directly before you go to the police. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. 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. You can't make changes to your side without their permission, such as painting it. Your responsibility as a fence owner. The location of a fence determines the jurisdiction of the court to determine the dispute. Fences and trees along the property line can easily give rise to disagreements. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. 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. You also cant cause a nuisance with your fence or put the neighbors in danger. Whichever neighbor owns the boundary fence is responsible for it. This can beuseful should the matter have to be resolved before acourt in the future. However, those rules might differ for rental estates, public areas, or government buildings. I've attached a copy of my survey/plat map to illustrate this. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. To comment on this thread you need to create a Mumsnet account. We will pay for the fence and retain ownership, responsibilities for repair etc. 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 your neighbour owns the wall or fence. 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. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. 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. Ready to change the property lines around your house? 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. Can my neighbour remove the hedge? - Saga Or your neighbour might offer you some cash to leave it where it is. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? So, confront them first in person or writing. Have your neighbor agree to acknowledge your property right. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. However, this matter can be tricky to navigate so we . There would now be two fences along the boundary. When in doubt, do good to thy neighbor even if they do not do good to you. First of all, establish who is responsible for the fence on theboundary in question. Section62 Forumite. 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. Are you able to meet up on [provide two possible days/times] to try and find a way forward? 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. Can a neighbor remove your boundary fence without permission? Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. For more details see our Privacy Policy. feedback. I am writing regarding the [insert species] tree on your property. 3.4K Posts. Or they can argue that your structure encroaches on their land. But what happens when fencing becomes the source of a dispute? Thanks for your answers. 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. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. If your neighbors attach anything to your . Glad it is all agreed and everything will be put in writing. VAT Number 990 1088 14 | Company Number 8513999 The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. They can insist. Civ. 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. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. 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. They're actually not next door neighbours so to speak, it's a strange garden configuration and they actually live on a cul-de-sac that's a few minutes walk away, but that long fence is theirs. Boundary and garden disputes - Citizens Advice Scotland UK VAT Registered: 850 4121 63, Can my neighbour legally move her fence on to my boundary, Repositioning Concrete Fence Posts due to Neighbour's Extension, Can my neighbour force me to move my fence which is about four inches over his side. Neighbors must take you to court to dispute the fence placement. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Usually there will be a clear demarcation of who owns which part of the land and boundaries. 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. However, if neither of you put up the fence, then both of you share responsibility and ownership of the fence and your neighbor should have asked your permission first. Your neighbour can cut back that part of the hedge that . Your responsibility as a fence owner - Queensland I want to tell them to take thing down. 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. Neighbour has removed my boundary fence - MyBuilder When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. Lets examine what a boundary dispute is and how it can impact your life. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Usually in the rear corner of the yard. Neighbor can't do anything about it. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. 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. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Ask them to split the cost of a survey to see whose property it sits on. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. My neighbours "stole" the expensive fence work I paid for. Fencing law in Victoria | Department of Justice and Community Safety If they disagree, you can hire a lawyer to help convince them. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. And you cant always knock down or move existing structures even if you own them. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. 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. Branches from trees can often grow across property lines. How soon am I likely to get the answer. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. 1949). Maybe call the building department and ask them to look for a permit for a fence? Boundary fences may be built by the municipality in some cases, especially in new developments. Must the encroachment over the boundary line be removed or may it legally remain in place? Zippity Vinyl Fence Perfect for adding some style to your yard. Until then, people cant tear up your property just because they dont like it. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Can my neighbor take down my fence without permission? Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. My Neighbour's Hedge Is Overgrown. 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! You might also enjoy our post on Can Your Neighbor Paint Your Fence? It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. But, some common themes typically arise. It is more the dam cheak than anything else. What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. (Check for This First), Do I Need a Permit for a Pergola? This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. Then you have to find out if your neighbors have any rights to the existing structure. When I built my fence, I had it surveyed and placed it 3" from the property line. So, they can't remove boundary fencing even if they don't like its location. 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. Some states define use as occupancy - such as using the land up to the fence . Any higher would have to have planning permission. The location of a fence determines the jurisdiction of the court to determine the dispute. You cannot force your neighbor to put up a fence. But, in some cases, your neighbor will not be so friendly. Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. The fence law is a local law instated by municipalities that states if a fence is on a property line, then both owners are responsible for the fence, including maintenance, unless otherwise stated in a written agreement. Depending on neighbors. 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! The value is determined by replacement costs minus depreciation for age and use. I'm just getting in touch regarding the [insert species if known] tree at [location]. My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. However, in cases where your neighbor doesn . 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. Stop fussing with the neighbors over the boundary fence. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. A building on the boundary is not considered a fence. Often hedges, fences or trees can encroach on a property line. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. USLegal has the lenders!--Apply Now--. 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. 2 June 2015 at 10:22AM. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. But other factors can affect the rules as well. I understand that you may have been unaware of this issue before I broughtit to your attention. 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 . We use a range of cookies to improve your experience of our site. So, always check the local regulations first. This case shows the importance of checking your legal position before you remove any boundary . The neighbors don't have the right to tamper with your private property. 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. This is a complicated legal matter that we will try to make more straightforward for you. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. For example, the neighbor's hedge or fence is encroaching on your property. If your neighbor initially built the fence, then they are legally allowed to remove the fence. Adverse Possession and Your Neighbour's Fence Or they can argue that your structure encroaches on their land. Bono Construction. If you want to post a question it is best to do so with an established account, or it will not show up. Most cities have ordinances that require fences to be built a minimum of 6 off of the property line in order to prevent disputes such as this. Texas does not have a specific state law that addresses boundary line fences. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. 05272398. A boundary dispute arises when a neighbor believes their neighbor is infringing on their property by having an item or items placed on their property without their permission. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. This information will also be on your deeds. Choosing the Best Type of Fence for Your Garden. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Rules about private fencing can vary from state to state. If you want to have privacy, you will have to put up a fence on your side of the property. Privacy notice The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). The neighbors have to prove to the courts that your fence causes problems in the community. But if it rests in your neighbors yard, its their responsibility. Neighbour replaced fence without asking me! - netmums.com But if that is a fence on the property line, they'll need your consent to proceed with the removal.