We just cant afford it to be honest. A private individual cannot claim damages from the authorities for removal of encroached fence. The Act does not deal with disputes about fences that are not on a boundary line. You might also enjoy our post on Can My Neighbor Move My Fence? Choosing the Best Type of Fence for Your Garden. Answer. If youre on good terms with your neighbour, a friendly approach to point out the state of the fence and asking them what their plans are mightdo the trick. If 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. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. 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. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. If you are planning to remove a large . You cannot force your neighbor to put up a fence. 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 this case, both neighbors have the right to the fence. However, if neither of you put up the fence, then both of you share responsibility and ownership of the fence and your neighbor should have asked your permission first. I just want to know if I can legally remove the screws his has put in to my property. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. In California, two inches from the property line is enough when building the fence. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Bankruptcy isn't the worst that can happen to you. Generally, a partition fence is built equally on both sides of the line. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . I would be grateful if you would look into this as a matter of urgency. 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. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Each firm is independent of the others and regulated separately. Your Get free, zero-commitment quotes from pro contractors near you. Find out more. feedback. - You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. Welcome to /r/Legal, a community for discussing legal topics. Then, keep detailed records of every decision you make. We will pay for the fence and retain ownership, responsibilities for repair etc. The owner of the fence is always responsible for fixing it. How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. My neighbour has moved the boundary fence on to my land. Answered 3rd Jun 2016.
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. 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. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Yard Blogger is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Trees and Property Lines: 8 Things All Neighbors Should Know The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). You might also enjoy our post on Can Your Neighbor Paint Your Fence? The same holds true for fence maintenance and repairs. If the structure is on your side of the line, it belongs to you. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. 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. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. A building on the boundary is not considered a 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 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. 892, 899 (Miss. 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. Also think about whether it's safe to cut back the roots. By .
Fencing in Victoria | Dispute Settlement Centre of Victoria - Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Then you have to find out if your neighbors have any rights to the existing structure. 30 So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. About 50% of the fence now has trenches under . Perhaps we could meet to discuss these options [next week/add relevant date]. Terms and conditions The neighbor who erected and obtained the permit for the fence owns it. The issue is whether it needs to be repaired or replaced and thats the matter being debated. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. 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. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. You can bring the matter up to your local municipality as fence laws are local ordinances. Or ask the court to help you change the parameters. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. 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. However, they need to be able to prove this and then ask for your permission before they move the fence. A question which may be important depending where you live .. you said it lies between the properties but that you're the one maintaining it and the neighbor wants you to pay for the replacement? Try to be fair. When I built my fence, I had it surveyed and placed it 3" from the property line. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. 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. Or, you could do a land swap. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s.
My neighbour has moved our boundary fence without consulting Your responsibility as a fence owner. For example, in California, the fence law states that if a neighbor wants to put up a fence, the fence must remain on their side of the property line. Or try to legally change the property lines if you cant settle the dispute. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Expert: Catherine replied 2 years ago. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. By continuing to use the site, you agree to our use of these cookies. 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 ? This can beuseful should the matter have to be resolved before acourt in the future. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Your property is on a corner and has more than one frontage. Your neighbour might agree to remove the fence. Forcing a Neighbor to Remove an Ugly Fence . 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. Please get in contact with us either by calling the number below or emailing us. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. You might agree an alternative route for the fence. Depending on neighbors. Generally, neighbours contribute equally. 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. 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.
Common Laws Around Trees and Garden Boundaries It is more the dam cheak than anything else. Civ. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. If yourown fence has seen better days, find out more about our fence repair services. 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. Laws about boundary fences can change based on where you live. So what can you do? Any higher would have to have planning permission. 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. Press question mark to learn the rest of the keyboard shortcuts. Every city has different rules regarding fences. First of all, establish who is responsible for the fence on theboundary in question. And you cant always knock down or move existing structures even if you own them. Registered in England No.
Handbook of Florida Fence and Property Law: Boundaries and Possession This is a complicated legal matter that we will try to make more straightforward for you. Is It Illegal to Walk Through a Gated Community? So, be sure to check your local laws for more information. 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 . Thank you. If they ignore your requests or neglect your lawful warnings, you can sue them in court. If the fence is on your side of the property line, then the fence is yours. Worked at a fence company for 10+ years. Each county has different laws regarding property lines and boundary fences. Before you erect any fence, you should confirm your exact property boundary lines. You are physically removing something that you do not own, which is breaking the law in most areas. If yourown fence has seen better days, find out more about our. Then, give them time to make repairs. 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. 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. 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. To determine whether a fence is your responsibility or your neighbour's, the first thing you need to do is check where your boundary is. Also, the . 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! London Member since 20 Apr 2011 In the absence of mention of the hedge or boundary measurements in the titles of either property a Court is likely to assume that a line drawn through the centre of the base of the hedge represents the boundary; thus the hedge is joint property and cannot unilaterally be removed. 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!
Can My Neighbor Remove A Boundary Fence? - Upgraded Home 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 . It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. I had a fence that got blown over in a hurricane. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Please let me know if you are able to attend. And they can also sue you if you dont take it down when they ask. The neighbors dont have the right to tamper with your private property. Can a neighbor remove your boundary fence without permission? I am writing regarding the [insert species] tree on your property. Then, determine whos responsible for its placement and upkeep. A fence in a boundary dispute will arise when one neighbor claims that the fence is on their property without their consent and the at-fault neighbor refuses the claim. For more details see our Privacy Policy. Heres everything you need to know.
Would you be annoyed if your neighbour removed a boundary garden hedge That will only escalate the situation. Stay civil. the reasonable value of the fence as an enclosure at the time of its removal.
Can my neighbor take down my fence without permission? If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence.
My neighbour has moved the boundary fence on to my land. This evidence should hold up in court above everything else. 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. Today at 9:15AM. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. However, if you put up the fence accidentally on your neighbors side of the property line then you are actually encroaching on your neighbors property.
Can neighbour remove boundary wall? Explained by Sharing Culture If you do not obtain approval, then you may open yourself up to legal issues.
My neighbour is getting a builder to take my fence down to - The Sun On You could also call an inspector out and ask if they recommend a repair or replacement. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. My fence needs . Risking potential violent behavior from your neighbor.
Fencing law in Victoria | Department of Justice and Community Safety Ready to change the property lines around your house? 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]. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. I want to tell them to take thing down. First off get a surveyor to find the exact property line. 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. The location of a fence determines the jurisdiction of the court to determine the dispute. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. This post contains affiliate links from Amazon and other stores. 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. Our website uses cookies. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. [Add below paragraph if other options are viable]. Let the county Assessor or Recorder know about the new deal.