If they ignore your requests or neglect your lawful warnings, you can sue them in court. This case shows the importance of checking your legal position before you remove any boundary . [vi] Milner Hotels, Inc. v. Brent, 207 Miss. And you cant always knock down or move existing structures even if you own them. 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. Is the replacement fence reasonably the same cost? The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). However, if neither of you built the fence, then your neighbor is not allowed to just take it down. 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. Is It Illegal to Walk Through a Gated Community? People often disagree over who pays for the building and upkeep of the fence, or the type of fence needed, particularly when one neighbour wants a fence for a specific purpose, such as to keep a dog.Your legal rights concerning a fence between your neighbour's and your land which are . Each county has different laws regarding property lines and boundary fences. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Let the county Assessor or Recorder know about the new deal. Section62 Forumite. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? 1956). [v] Sanders v. Lefkovitz, 292 S.W. This post contains affiliate links from Amazon and other stores. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Is it technically on the edge of your property and, therefore, belongs entirely to you? dig up the root and cut a tree root back to the boundary or fence line of your property. If yourown fence has seen better days, find out more about our. My Neighbour's Hedge Is Overgrown. 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 suggest to your neighbor that they sell the piece of land in question to you. Generally to protect yourself from future . If you live in a neighborhood with an HOA look into their rules regarding fences as well. 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! App. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. The neighbors don't have the right to tamper with your private 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 . Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Then, determine whos responsible for its placement and upkeep. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. best to check with council planning department, Darlington Member since 7 Sep 2016 Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Try to be fair. Please get in contact with us either by calling the number below or emailing us. 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. The standard for measuring damages for such removal or destruction is its value at the time. In a lot of states a boundary fence is the responsibility of both neighbors. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. You might also enjoy our post on Can Your Neighbor Paint Your Fence? The hedge has been there since the 1930s. jobs, Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. This information will also be on your deeds. If you want to post a question it is best to do so with an established account, or it will not show up. However, these deeds typically dont mention any structures, such as fences. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. Neighbors must take you to court to dispute the fence placement. Usually there will be a clear demarcation of who owns which part of the land and boundaries. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. As for painting the fence I cannot see a problem at all . However, they need to be able to prove this and then ask for your permission before they move the fence. And give the neighbors some logical reasons for the alteration. Don't use this disagreement to vent months or years of anger at your neighbor. 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. [ii] Trust v. Allamakee County Bd. 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. What do I do if my letter doesnt solve the dispute? 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. 32 Until then, people cant tear up your property just because they dont like it. The fence is your beighbour's as he purchased and erected it. So, the homeowner is usually responsible for its location and upkeep. But you might be struggling to figure out what kind of paint to use on garage walls. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. So, be sure to check your local laws for more information. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. If the fence is on your side of the property line, then the fence is yours. Yes. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Thanks for your answers. 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. Lets examine what a boundary dispute is and how it can impact your life. 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. I doubt this would qualify as a partition fence but I could be wrong. A polite clarification might be all that is needed to . 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. In one instance, you may have anissue over where the boundary line of the property actually sits. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Falling out with them is likely to prove even more stressful; pursuing legal channels is only really an option when your neighbours fence is causing a safety hazard. Your neighbour can cut back that part of the hedge that . . 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. So, do your research before erecting a new one. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. Your responsibility as a fence owner. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. Can your neighbor legally do this? the reasonable value of the fence as an enclosure at the time of its removal. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. And they can also sue you if you dont take it down when they ask. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Editor, Marcus Herbert. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Please refer to our full affiliate disclosure policy for full details. 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. Before you get the police involved, you should be a good neighbor and approach them with an open mind and let them know your concerns. Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side.. fencing and boundary accuracy - original boundary was straight whereas now it no longer is. This can be done by you, but you would need a plot map and you would have to locate the property pin. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Re: Encroachment of [fence/hedge/other encroachment] onmy land. We often link to other websites, but we can't be responsible for their content. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. If you do not obtain approval, then you may open yourself up to legal issues. They didn't mention any change to fence height, but found out when it was being constructed that they were installing 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 You must have JavaScript enabled in your browser to utilize the functionality of this website. If you are encroaching on your neighbors property in a certain area, you can suggest that they can have a piece of your land in another area. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Then, youll receive notice in the mail confirming the change. A survey is the only way to sort it out. Usually in the rear corner of the yard. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. 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! So, always check the local regulations first. Then, keep detailed records of every decision you make. Step 1 - Talk to your neighbour. 83% positive 12 Make it clear in writing, you want this fence to stay. However, illegal fencing doesnt give people the right to remove it without notice. Removing your neighbors fence is illegal if you do not obtain their permission. - So, be sure to maintain the area around your property line. Neighbor cannot replace a boundary line fence without your permission. And, if you tell him not to, Neighbor cannot come onto your property without y. 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. Well only use this information to handle your enquiry and we wont share it with any third parties. That way, you can sue nasty neighbors who try to tamper with your stuff. By continuing to use the site, you agree to our use of these cookies. Figure it out. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. Your neighbor is not legally allowed to remove your boundary fence. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). When I built my fence, I had it surveyed and placed it 3" from the property line. That will only escalate the situation. 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. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. But, you would still have to put up the fence yourself. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. Also think about whether it's safe to cut back the roots. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. I spoke with our neighbour this afternoon and we came to an agreement. So, look up public records to find out. jobs, The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. Terms and conditions I want to tell them to take thing down. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. You can determine whose fence is whose by looking at the property line. If you are planning to remove a large . A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. ), with fence ideas that look great, too. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. The Act does not deal with disputes about fences that are not on a boundary line. 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. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. If the wall is on the right, then you must ask your neighbour. This notice has to be served at least 21 days before submitting a planning application. Rules about private fencing can vary from state to state. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Branches from trees can often grow across property lines. Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. Stop fussing with the neighbors over the boundary fence. Cookies When the fence needs maintaining in the future, its down to them or successive owners of their property. 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. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. It also suggests negative things about the neighbour who makes changes to a . 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. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Thus, they must show ownership of the property to remove fencing around it. Before you erect any fence, you should confirm your exact property boundary lines. The boundary fence around your property belongs to the person who built it. 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 ? The issue is whether it needs to be repaired or replaced and thats the matter being debated. They can insist. If so, please would you take a look and arrange for the necessary work in order to make it safe? Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. 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. I understand that you may have been unaware of this issue before I broughtit to your attention. 4 /9. The proof involves documentation of your property lines. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. There are two main areas when it comes to boundary line disputes. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. 2 June 2015 at 10:22AM. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. (Check for This First), Do I Need a Permit for a Pergola? Choosing the Best Type of Fence for Your Garden. [Add below paragraph if other options are viable]. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. feedback. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. link to How To Organize A Bathroom Closet. Therefore, I would like to suggest a meeting at [location eg. Heres everything you need to know. Local fence laws work on the assumption that boundary fences benefit both property . 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. Risking potential violent behavior from your neighbor. Some states define use as occupancy - such as using the land up to the fence . Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Thats because you have rights as the homeowner. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. 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. A partition fence is the joint property of adjacent landowners. 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. Or they can argue that your structure encroaches on their land. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. 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. Is the old fence in need of replacement? Or, you could do a land swap. Stay civil. Thank you. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. In this case, the neighbour would therefore have to be served notice as the extension affects their property. Fences and trees along the property line can easily give rise to disagreements. Must the encroachment over the boundary line be removed or may it legally remain in place? feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. This is a complicated legal matter that we will try to make more straightforward for you. If the property is rented or council-owned enquire with them if your neighbour has removed or . A title deed will show your propertys boundaries but they usually do not mention any structures that fall within the boundary or directly on the boundary, such as a boundary fence. If the wall or fence seems dangerous, point this out because your neighbour might not be . This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. 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. 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. 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. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. Dividing Fences Act. Which I trust you understand, is a considerable difference. Boundary Rules And Neighbour Disputes. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. In some cases, yes, and in some cases, no. Worked at a fence company for 10+ years. 1927). Although we disagree about this, we are neighbours andneed to resolve the problem. 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]. So, they cant remove boundary fencing even if they dont like its location. Then you have to find out if your neighbors have any rights to the existing structure. But what happens when fencing becomes the source of a dispute? Either way, dont tamper with a property barrier until you establish the rightful owner. [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. There is no party wall agreement between us and they did not ask for permission. Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council on board and I am sure they will back you up. (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? I am keen to resolve this situation quickly and amicably. Browse USLegal Forms largest database of85k state and industry-specific legal forms. But you cant establish the owner unless you can define the property lines. 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. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. If your neighbors attach anything to your . Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Ready to change the property lines around your house? The fencing notice forms the basis for the owners to . Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. Establish the property lines instead. In this case, the boundary fence belongs to both of you. Your property is on a corner and has more than one frontage. 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! That means barriers that block entrances or hide street signs are illegal. However, those rules might differ for rental estates, public areas, or government buildings. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. 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. However, if one neighbor built the boundary fence, then they are responsible for it. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. 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 disagree, you can hire a lawyer to help convince them. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. 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. 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. You can use the contract in court because its legally binding. Ask them to split the cost of a survey to see whose property it sits on. How Long Does It Take To Install A Fence? You can't make changes to your side without their permission, such as painting it. Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors.