So, be sure to maintain the area around your property line. 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! For example, . Answered 3rd Jun 2016. 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. I dont believe either of us can with certainty. 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. Yes. The owner of the fence is always responsible for fixing 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. 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. In this case, the boundary fence belongs to both of you. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Have your neighbor agree to acknowledge your property right. Then, keep detailed records of every decision you make. If they wont do that pay for it yourself. 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. Trentwood Fencing Ltd 2022| Built by Kontrolit. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. 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. This means Yard Blogger may earn a commission if you make a purchase using any of our links. 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. The Council acknowledged they were at fault and came up with the solution of building . 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. Just my two cents here, but do you know who owns the fence? Neighbors must take you to court to dispute the fence placement. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. This post contains affiliate links from Amazon and other stores. 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 should take care not to cause unnecessary damage to the tree. Fences are commonly involved in boundary disputes. feedback, 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 neighbor can legally build a fence on the property line provided they are following the local ordinances and have notified you in advance and you have had no objections. Your neighbour can cut back that part of the hedge that . What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. 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. If you are planning to remove a large . Additionally, if you don't have a . 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 Besides, you should speak to your neighbor directly before you go to the police. 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. If the structure is on your side of the line, it belongs to you. 97% positive However, knowing exactly where your property lines are can be difficult. Whichever neighbor owns the boundary fence is responsible for 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. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. In this situation, you really need to choose your battles wisely. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. You could hit it with some restoring wash and then stain it and it would look almost new. So, the homeowner is usually responsible for its location and upkeep. There would now be two fences along the boundary. jobs, ), with fence ideas that look great, too. In California, two inches from the property line is enough when building the fence. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day. . Are you able to meet up on [provide two possible days/times] to try and find a way forward? 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. I objected to his extension and stated that under no circumstances could he take down the fence. They also have the right to remove the fence when they please. By . Some states define use as occupancy - such as using the land up to the fence . 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 Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. the last 3 words need to be clarified. I would be grateful if you would look into this as a matter of urgency. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. 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. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. Answer. [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. Either way, dont let people touch or move your stuff without consent. Boundary Rules And Neighbour Disputes. If yourown fence has seen better days, find out more about our. However, illegal fencing doesnt give people the right to remove it without notice. Usually there will be a clear demarcation of who owns which part of the land and boundaries. 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 . Your neighbor is not legally allowed to remove your boundary fence. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Shes a copywriter and editor for several home renovation companies in the U.S. and works alongside some of the biggest names in the industry. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. Thank you. It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. Or your neighbour might offer you some cash to leave it where it is. 2d 79, 81 (La. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. 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 keen to resolve this issue amicably and as quickly as possible. 32 Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. 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. 1949). Is the old fence in need of replacement? Or try to legally change the property lines if you cant settle the dispute. If your neighbors attach anything to your . 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 your neighbor initially built the fence, then they are legally allowed to remove the fence. 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. 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. (Heres Whats Required). Laws about boundary fences can change based on where you live. Bristol Member since 1 Jun 2016 If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. - Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. So, record your domain at the local courthouse. In one instance, you may have an issue over where the boundary line of the property actually sits. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. So, they can't remove boundary fencing even if they don't like its location. Yourletter about yourdispute can be written in formal or informal terms. A polite clarification might be all that is needed to . Usually, cities determine height limitations by the landscape and the traffic. 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. best to check with council planning department. For more details see our Privacy Policy. It has really helped clarify the situation. Ct. App. What constitutes "use " varies by state. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. Knowing the rules and regulations for fences on boundary lines can help keep the peace. What happens when one of those neighbors decides they want to remove a boundary fence though? Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Fences are a part of the realty and become affixed to the land. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. Specify a reasonable period in which the neighbor should fix the encroachment, for . Each county has different laws regarding property lines and boundary fences. But, some common themes typically arise. 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. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. 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. 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. There would now be two fences along the boundary. You must have JavaScript enabled in your browser to utilize the functionality of this website. Bono Construction. In this case, both neighbors have the right to the fence. The boundary fence around your property belongs to the person who built it. You can use the contract in court because its legally binding. You can't make changes to your side without their permission, such as painting it. 04/03/2016 18:32, Thanks so much for all the replies. Convenient, Affordable Legal Help - Because We Care! In general, you should always build boundary fences with the panels facing outward along the border. Sitemap Registered in England No. In addition, if you have neighbours whose garden backs onto to the rear of yours, you may needto find out who is responsible for any fence on this boundary, too. Fences are not transitory, as personal estate. 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. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Your rights are to use your property up to but not over the boundary line. Your Get free, zero-commitment quotes from pro contractors near you. Neighbors must take you to court to dispute the fence placement. In one instance, you may have anissue over where the boundary line of the property actually sits. Re: Potential [insert species if known] tree issue. These templates can be used to invite a neighbour to meet regarding your property line dispute. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. 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. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. 2 June 2015 at 10:22AM. When I built my fence, I had it surveyed and placed it 3" from the property line. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Fences are not transitory, as personal estate. The location of a fence determines the jurisdiction of the court to determine the dispute. Choosing the Best Type of Fence for Your Garden. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. If you're in an argument with a neighbor over a property issue, follow these steps: 1. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. 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. In Washington state, the law addresses in detail the rights and responsibilities . However, those rules might differ for rental estates, public areas, or government buildings. First off get a surveyor to find the exact property line. I understand that you may have been unaware of this issue before I broughtit to your attention. USLegal has the lenders!--Apply Now--. 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, for negligent action on the part of the public authority, s/he can sue for damages. What are the 4 types of boundary disputes? Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. So, confront them first in person or writing. If you go down this route your neighbour should . In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. 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. I spoke with our neighbour this afternoon and we came to an agreement. If so, please would you take a look and arrange for the necessary work in order to make it safe? According to my records, the [fence/hedge/other encroachment] is actually on my property. 1927). The public authority is empowered to remove fences encroaching a public street or highway[ii]. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. Its not difficult. If neither neighbor put up the fence, then the ownership is shared. There is no party wall agreement between us and they did not ask for permission. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. How to Stop Your Neighbors Dog From Digging Under Your Fence. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. Yes. 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. So, do your research before erecting a new one. We've just had about 9k of . Privacy notice martinsurrey Forumite. 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. This notice has to be served at least 21 days before submitting a planning application. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. Property boundaries. About 50% of the fence now has trenches under . You cannot force your neighbor to put up a fence. Please let me know if you are able to attend. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. But, you shouldnt go directly to just removing the fence. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. I am keen to settlethis issue - as I am sure you are too. In general, to the extent that a portion of your fence encroaches onto the neighbor's property, the neighbor can remove it or can take you to court to show that it encroaches and get the court to order or allow its removal. 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. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! 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. 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. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. Boundary fences may be built by the municipality in some cases, especially in new developments. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Lets examine what a boundary dispute is and how it can impact your life. Risking potential violent behavior from your neighbor. Heres everything you need to know. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . This evidence should hold up in court above everything else. Other places may view the fence as the joint property of both neighbors. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. the reasonable value of the fence as an enclosure at the time of its removal. Usually in the rear corner of the yard. 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. Then, youll receive notice in the mail confirming the change. Then, determine whos responsible for its placement and upkeep. They say good fences make great neighbors. Can your neighbor legally do this? Repairing a Boundary Fence; If a boundary fence needs to be repaired or . In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. Can a neighbor remove your boundary fence without permission? to prevent the unauthorized destruction of, or damage to, boundary line fences; and. This information will also be on your deeds. As I left for work this morning, he handed me a builders business card and said his builder is starting work today, and will be taking down the fence. Do I Need Planning Permission For a Fence? Boundary fences can cause much dispute and debate between neighbours. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. This can be found in the deeds to your property. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. I look forward to seeing you on [date]. Please let us know how you heard about us, Administrative Law, Public Sector and Procurements, Private Client Services: Inheritance, Wills and Trusts, Trust, Inheritance and Succession Disputes, Property line disputes: letter templates to resolve issues. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. 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. Fences. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. Its worth knowing this before you get into a discussion (or worse, a disagreement), as you might decide that your neighbours solution is aesthetically worse than the current problem! 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. But other factors can affect the rules as well. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. However, they need to be able to prove this and then ask for your permission before they move the fence. It is not likely that you will face any jail time. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. These will also determine what can be done as far as replacing or repairing a fence. That neighbor may have the right to modify the fence or remove it entirely. Your best bet will be erecting the fence well within your property's boundaries. Try to be fair. That person makes the rules. Texas does not have a specific state law that addresses boundary line fences. Local authorities really are not too concerned about fencing issues. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Does the tree belong to you? Before you erect any fence, you should confirm your exact property boundary lines. 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 ?
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