neighbour has removed boundary fence neighbour has removed boundary fence

And make sure the fence height is allowed in your neighborhood. Welcome to /r/Legal, a community for discussing legal topics. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. 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 . Just my two cents here, but do you know who owns the fence? (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? Also think about whether it's safe to cut back the roots. 1.2K Posts. We dont have a weed issue. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. 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. What are the 4 types of boundary disputes? Your neighbors can remove fencing if it impedes their yard. How to Stop Your Neighbors Dog From Digging Under Your Fence. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. In this case, the neighbour would therefore have to be served notice as the extension affects their property. 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. So, do your research before erecting a new one. Can my Neighbour remove boundary fence? In this case, the boundary fence belongs to both of you. They can confront you to negotiate or consult law enforcement instead. How soon am I likely to get the answer. 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. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. 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. 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. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. Your property is on a corner and has more than one frontage. Usually in the rear corner of the yard. I objected to his extension and stated that under no circumstances could he take down the fence. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. Neighbors must take you to court to dispute the fence placement. Whatever the case, try to avoid heated arguments with the neighbors. 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. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. If you want to post a question it is best to do so with an established account, or it will not show up. I just want to know if I can legally remove the screws his has put in to my property. 04/03/2016 18:32, Thanks so much for all the replies. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Is It Illegal to Walk Through a Gated Community? As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Fences pass by a sale of the land as the soil[iii]. Before you erect any fence, you should confirm your exact property boundary lines. 12 This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. 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. Make it clear in writing, you want this fence to stay. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Resolving conflicts involving trees on properties. 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. [iv] Miller v. Leonard, 588 So. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. I'm just getting in touch regarding the [insert species if known] tree at [location]. There are two main areas when it comes to boundary line disputes. Fence erected inside boundary line. We use a range of cookies to improve your experience of our site. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. In general, cities prohibit fencing that obstructs the view or slows traffic flow. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. The neighbors don't have the right to tamper with your private property. If your neighbors attach anything to your . You must have JavaScript enabled in your browser to utilize the functionality of this website. Is it technically on the edge of your property and, therefore, belongs entirely to you? My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. You can't make changes to your side without their permission, such as painting it. 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. Stay civil. And the deal is good until someone changes it. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. If neither neighbor put up the fence, then the ownership is shared. I live at [address], next door and am concerned there is a potential threat to health and safety. You can do several things if a neighbor refuses to fix their broken fence. Stop fussing with the neighbors over the boundary fence. This means Yard Blogger may earn a commission if you make a purchase using any of our links. A private individual cannot claim damages from the authorities for removal of encroached fence. 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. ), with fence ideas that look great, too. 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. In this case, the boundary fence belongs to both of you. This post contains affiliate links from Amazon and other stores. 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. 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 . If you are planning to remove a large . Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. 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. 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. Thats because you could get in trouble for vandalism or trespassing if youre not careful. Bristol Member since 1 Jun 2016 Yes. 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. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. 892, 899 (Miss. 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. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. The location of a fence determines the jurisdiction of the court to determine the dispute. So, always check the local regulations first. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Or see if your landlord can give you more information. Figure it out. Press J to jump to the feed. However, if one neighbor built the boundary fence, then they are responsible for it. 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. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Editor, Marcus Herbert. Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. If the wall or fence seems dangerous, point this out because your neighbour might not be . This information will also be on your deeds. The Council acknowledged they were at fault and came up with the solution of building . Your best bet will be erecting the fence well within your property's boundaries. Must the encroachment over the boundary line be removed or may it legally remain in place? App. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. VAT Number 990 1088 14 | Company Number 8513999 jobs, Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. - Basically our neighbour informed us they were replacing the boundary fence between our properties assuming it was theirs as it runs to the left of their property. Dividing Fences Act. That way, you can sue nasty neighbors who try to tamper with your stuff. 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. I understand that you may have been unaware of this issue before I broughtit to your attention. 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. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Step 1 - Talk to your neighbour. 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. A building on the boundary is not considered a fence. . Please get in contact with us either by calling the number below or emailing us. First off get a surveyor to find the exact property line. My neighbour has moved our boundary fence without consulting with me and has erected a small fence in its place.This has been our boundary for 37 years and is constructed of a privet hedge. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Its not difficult. It MIGHT say something about who has to maintain it. Answer (1 of 25): You have 3 questions, and the answers to all 3 are "No." Neighbor cannot remove a boundary line fence without your permission. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Besides, you should speak to your neighbor directly before you go to the police. Spite Fences: . Boundary disputes involve your neighbor using your property without your consent. Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. Heres how to do it: Make sure they agree with the proposed boundary change. The Act does not deal with disputes about fences that are not on a boundary line. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. Generally to protect yourself from future . We will pay for the fence and retain ownership, responsibilities for repair etc. If they wont do that pay for it yourself. Boundary fences are owned by both owners when both use the fence. But if that is a fence on the property line, they'll need your consent to proceed with the removal. 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. Bankruptcy isn't the worst that can happen to you. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. You might also enjoy our post on Can Your Neighbor Paint Your Fence? If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. If you do not obtain approval, then you may open yourself up to legal issues. Answer. Neighbor can't do anything about it. 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 However, this matter can be tricky to navigate so we . The fence is your beighbour's as he purchased and erected it. 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 . If they ignore your requests or neglect your lawful warnings, you can sue them in court. 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. Fences are a part of the realty and become affixed to the land. But, you shouldnt go directly to just removing the fence. 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. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. Branches from trees can often grow across property lines. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. 30 And you cant always knock down or move existing structures even if you own them. 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. And make sure your neighbors are maintaining their fences correctly. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. DID YOU KNOW: Some communities restrict the type of fencing you can use. Plus, they can sue if your fence is too high. Discuss your plans with your neighbour before you start putting . Is It Legal to Have a Horse in Your Backyard? [Add below paragraph if other options are viable]. Then, youll receive notice in the mail confirming the change. I am keen to resolve this issue amicably and as quickly as possible. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. If you do not wish to remove your [fence/hedge/other encroachment] there is the possibility of my selling or "lending" you this strip of land on the understanding that you acknowledge my ownership of the land. These templates can be used to invite a neighbour to meet regarding your property line dispute. Some states define use as occupancy - such as using the land up to the fence . First of all, establish who is responsible for the fence on theboundary in question. But other factors can affect the rules as well. [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. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. That will only escalate the situation. Depending on neighbors. There would now be two fences along the boundary. 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. Causing permanent damage to your property. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. The proof involves documentation of your property lines. 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. Neighbor cannot replace a boundary line fence without your permission. Each firm is independent of the others and regulated separately. In this case, both neighbors have the right to the fence. To comment on this thread you need to create a Mumsnet account. Ct. App. 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. Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. 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. Try to be fair. I've attached a copy of my survey/plat map to illustrate this. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Hi I have 4 neighbours bordering the length of my back garden on one side. You might also enjoy our post on Can My Neighbor Move My Fence? We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. But, some common themes typically arise. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. For more information or to arrange an appointment please fill in the form below. This can beuseful should the matter have to be resolved before acourt in the future. In one instance, you may have anissue over where the boundary line of the property actually sits. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Your neighbour might agree to remove the fence. In some areas, the fence remains the property of whomever paid to install and maintain 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. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. So, be sure to check your local laws for more information. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). Even if youve established that the problem fence is your neighbours responsibility, take some time to consider your options before you approach him or her. The value is determined by replacement costs minus depreciation for age and use. Knowing the rules and regulations for fences on boundary lines can help keep the peace. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Please refer to our full affiliate disclosure policy for full details. Although we disagree about this, we are neighbours andneed to resolve the problem. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. Then, give them time to make repairs. Let us explain. This is for trees that do not require a permit from the council. I am writing regarding the [insert species] tree on your property. Additionally, if you don't have a . There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. You might agree an alternative route for the fence. Not if its a partition fence. 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. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. I am keen to settlethis issue - as I am sure you are too. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Which I trust you understand, is a considerable difference. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. So, they can't remove boundary fencing even if they don't like its location. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. 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. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . If the tree is not yours, do you know who is responsible? I doubt this would qualify as a partition fence but I could be wrong. Sitemap They must follow the appropriate channels to get you to take it down. That means barriers that block entrances or hide street signs are illegal. 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. feedback. You also cant cause a nuisance with your fence or put the neighbors in danger. Then, determine whos responsible for its placement and upkeep. Or your neighbour might offer you some cash to leave it where it is. 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, 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. However, for negligent action on the part of the public authority, s/he can sue for damages. If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. You can both try to be sensitive. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. . Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. Giambrone provides client services worldwide through its member firms and affiliates, including Giambrone & Partners LLP, Giambrone & Partners Studio Legale Associato, Giambrone & Partners Sociedad Limitada Profesional and their subsidiaries and affiliates. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. Zippity Vinyl Fence Perfect for adding some style to your yard. 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. However, they need to be able to prove this and then ask for your permission before they move the fence. 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. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. Our website uses cookies. 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. the reasonable value of the fence as an enclosure at the time of its removal. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. [v] Sanders v. Lefkovitz, 292 S.W. Every city has different rules regarding fences. Privacy notice The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. I had a fence that got blown over in a hurricane. The owner of the fence is always responsible for fixing it. Establish the property lines instead. 3.4K Posts. 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. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. Or try to legally change the property lines if you cant settle the dispute. Dividing fences are a common cause of disputes between neighbours. But if it rests in your neighbors yard, its their responsibility. The hedge has been there since the 1930s. Rules about private fencing can vary from state to state. 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.