Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. You also cant cause a nuisance with your fence or put the neighbors in danger. The boundary fence around your property belongs to the person who built it. It depends on where you live. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Neighbour is taking down MY fence! MoneySavingExpert Forum If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. The fencing notice forms the basis for the owners to . Your rights are to use your property up to but not over the boundary line. 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. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. Is it technically on the edge of your property and, therefore, belongs entirely to you? For example, . Privacy notice How to Write an Encroachment Notice | Legal Beagle Line Fences Act | ontario.ca If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. If the fence is on your side of the property line, then the fence is yours. 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. And some state laws may differ between counties. We've just had about 9k of . One of you OWNS the fence. Some states define use as occupancy - such as using the land up to the fence . Your neighbors can remove fencing if it impedes their yard. And, if you tell him not to, Neighbor cannot come onto your property without y. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. That will only escalate the situation. Then, keep detailed records of every decision you make. Boundaries and fences - South Australia That neighbor may have the right to modify the fence or remove it entirely. And make sure the fence height is allowed in your neighborhood. By . 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. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. Choosing the Best Type of Fence for Your Garden. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. So, work toward peaceful living by utilizing the legal system. If the structure is on your side of the line, it belongs to you. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. This evidence should hold up in court above everything else. 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 ? Your neighbour might agree to remove the fence. And you have to check local records to determine the owner in those cases. Trentwood Fencing Ltd 2022| Built by Kontrolit. 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. But, some common themes typically arise. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. 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 . You can bring the matter up to your local municipality as fence laws are local ordinances. Worked at a fence company for 10+ years. We were happy enough for them to do this and agreed verbally. When the fence needs maintaining in the future, its down to them or successive owners of their property. 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. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. Establish the property lines instead. They can insist. jobs, This information will also be on your deeds. My neighbour is getting a builder to take my fence down to - The Sun About 50% of the fence now has trenches under . If you disagree with your neighbour about a wall or fence Must the encroachment over the boundary line be removed or may it legally remain in place? Find out more. Let us explain. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. There are two main areas when it comes to boundary line disputes. The fence is your beighbour's as he purchased and erected it. Neighbors must take you to court to dispute the fence placement. So now comes the tricky part of figuring out if the boundary fence is indeed a boundary fence or if it actually belongs to you or your neighbor. 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. Old boundary fence becomes legal? And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Thank you for your cooperation on this matter. You should take care not to cause unnecessary damage to the tree. Stop fussing with the neighbors over the boundary fence. 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 Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. Create an account to follow your favorite communities and start taking part in conversations. The construction of a fence into a street or highway is considered a nuisance. Re: Encroachment of [fence/hedge/other encroachment] onmy land. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. We just cant afford it to be honest. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. Or, you could do a land swap. Still can't believe we didn't discuss this properly before work commenced. My neighbour has just built an extension. 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. Boundary and garden disputes - Citizens Advice Scotland Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. And the deal is good until someone changes it. Fences are a part of the realty and become affixed to the land. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. In one instance, you may have an issue over where the boundary line of the property actually sits. The location of a fence determines the jurisdiction of the court to determine the dispute. Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes 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]. Thus, they must show ownership of the property to remove fencing around it. That placement gives your lawn a sleek appearance and better curb appeal. Let the county Assessor or Recorder know about the new deal. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. What do I do if my letter doesnt solve the dispute? Also think about whether it's safe to cut back the roots. 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. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. But you might be struggling to figure out what kind of paint to use on garage walls. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . That means you have to determine the local mandates before doing anything. 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. you agreed to accept cookies from this website - thank you. Property boundaries. 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 Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Fences are not transitory, as personal estate. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. The Council acknowledged they were at fault and came up with the solution of building . When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. A partition fence is the joint property of adjacent landowners. We dont have a weed issue. Your neighbor is not legally allowed to remove your boundary fence. 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. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay ), with fence ideas that look great, too. Which I trust you understand, is a considerable difference. 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 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. Fences and trees along the property line can easily give rise to disagreements. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. So, do your research before erecting a new one. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Adverse Possession and Your Neighbour's Fence Fence erected inside boundary line. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. Can A Neighbor Attach Something To My Fence? - Upgraded Home 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. 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. Is the replacement fence reasonably the same cost? The situation typically evolves into a dispute when the neighbor has been approached about the situation and either denies what they are doing or refuses to do anything about it. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Boundary fences are supposed to help separate properties and eliminate disputes. 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. 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. That, my friends, is the question. Answered 3rd Jun 2016. Dont forget to check for any easements that may run through your property across the fence line. [Add below paragraph if other options are viable]. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. Fact sheet - Boundary fences | Tasmania Legal Aid A polite clarification might be all that is needed to . Dividing fences are a common cause of disputes between neighbours. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Fencing not erected along boundary - MyBuilder 892, 899 (Miss. You will want to know this regardless. Fencing in Victoria | Dispute Settlement Centre of Victoria It also suggests negative things about the neighbour who makes changes to a . 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. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Frequently asked questions link to How To Organize A Bathroom Closet. 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. They can confront you to negotiate or consult law enforcement instead. 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. If your neighbour owns the wall or fence. Press question mark to learn the rest of the keyboard shortcuts. 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. Can a neighbor remove your boundary fence without permission? Instead, you should avoid the drama and put up a new fence yourself on your side of the property. Thats because you have rights as the homeowner. Your neighbor may be entitled to move your fence if it encroaches on their property. So what can you do? I understand you wouldn't have done this on purpose, so I'm writing to you to see if we can clear this matter up. You can do several things if a neighbor refuses to fix their broken fence. 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. By continuing to use the site, you agree to our use of these cookies. Re: Potential [insert species if known] tree issue. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. 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. 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 latter's field . Additionally, in determining the amount of compensation for the taking of land in order to widen a street, injuries to fences have been considered as a proper element of damages. Heres everything you need to know. Tree Disputes #6 An overview of the Law in Australia - Lexology They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Generally, neighbours contribute equally. Texas does not have a specific state law that addresses boundary line fences. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. In this case, the boundary fence belongs to both of you. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. A survey is the only way to sort it out. Perhaps we could meet to discuss these options [next week/add relevant date]. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. You might also enjoy our post on Can My Neighbor Move My Fence? 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. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. 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. 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. Letter templates for resolving property line disputes. Can My Neighbor Build a Fence on the Property Line? The public authority is empowered to remove fences encroaching a public street or highway[ii]. This case shows the importance of checking your legal position before you remove any boundary . Convenient, Affordable Legal Help - Because We Care! But hire a lawyer for more information. [v] Sanders v. Lefkovitz, 292 S.W. The neighbors dont have the right to tamper with your private property. Glad it is all agreed and everything will be put in writing. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. When I built my fence, I had it surveyed and placed it 3" from the property line. a local cafe or other neutral space] on [date] at [time]. Other places may view the fence as the joint property of both neighbors. It is not likely that you will face any jail time. 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. 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. In some cases, yes, and in some cases, no. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. Dividing Fences Act. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal It has really helped clarify the situation. 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. You must have JavaScript enabled in your browser to utilize the functionality of this website. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Establishing Rights Over Fences & Boundaries But, in some cases, your neighbor will not be so friendly. On No Dig Vinyl Fence The white picket fence of your dreams, 2. Each county has different laws regarding property lines and boundary fences. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. 1927). Moreover, the court can award punitive damages for wrongful destruction or removal of a fence.