Describe the violation. 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. So, confront them first in person or writing. Neighbour's Fence On My Land - Property Disputes Can your neighbor legally do this? 1956). If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. We were happy enough for them to do this and agreed verbally. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. 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. JavaScript seems to be disabled in your browser. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library Yes. Ct. App. There would now be two fences along the boundary. Tree Disputes #6 An overview of the Law in Australia - Lexology If they fail to notify you of the intent to remove the fence there is zero repercussions and you do know now many find out when the fence is gone. 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 . In this case, both neighbors have the right to the fence. Registered in England No. 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. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. (Heres Whats Required). Specify a reasonable period in which the neighbor should fix the encroachment, for . Your neighbor may be entitled to move your fence if it encroaches on their property. Or, you could do a land swap. Templates for Writing a Property Line Dispute Letter - Giambrone Law But hire a lawyer for more information. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. And they can also sue you if you dont take it down when they ask. Fences pass by a sale of the land as the soil[iii]. Boundary fences may be built by the municipality in some cases, especially in new developments. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Whatever the case, try to avoid heated arguments with the neighbors. Attach your survey or plat map highlighting the disputed area. Neighbour has built an extension over the boundary line!! - DIYnot Forums 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. Each firm is independent of the others and regulated separately. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. Discuss your plans with your neighbour before you start putting . My neighbour doesn't want me to remove diseased trees on my land 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. Communicatingvia letter, also provides both parties with a written record of the dispute. And you cant always knock down or move existing structures even if you own them. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. You are physically removing something that you do not own, which is breaking the law in most areas. They will update the public records as soon as possible. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. You also cant cause a nuisance with your fence or put the neighbors in danger. Ask them to split the cost of a survey to see whose property it sits on. Often hedges, fences or trees can encroach on a property line. Expert: Catherine replied 2 years ago. You can suggest to your neighbor that they sell the piece of land in question to you. We dont have a weed issue. That neighbor may have the right to modify the fence or remove it entirely. You are allowed to sell a property engaged in an ongoing boundary dispute but you should be aware that it may affect your property value and you may have to disclose the dispute to potential buyers. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Dividing Fences Act. Causing permanent damage to your property. Your neighbour might agree to remove the fence. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. Any modifications and attachments can only be done by the legal owner, meaning your neighbor, even if the side of the fence is facing their house, cannot legally change anything on your fence. Make it clear in writing, you want this fence to stay. Dividing fences | State Library of NSW You cannot force your neighbor to put up a fence. Yes. They say good fences make great neighbors. [iv] Miller v. Leonard, 588 So. A person is liable for removing, destroying, or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liable[i]. This can be done by you, but you would need a plot map and you would have to locate the property pin. For example, . You can use the contract in court because its legally binding. Line Fences Act | ontario.ca My neighbour's fence blew down into my garden and they haven't removed Stop fussing with the neighbors over the boundary fence. Fences are not transitory, as personal estate. And you have to check local records to determine the owner in those cases. However, illegal fencing doesnt give people the right to remove it without notice. Risking potential violent behavior from your neighbor. 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. What Can You Do When Your Neighbor's Fence is on Your Property? 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. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. 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. If you're not splitting the cost, then let it stay until it's literally falling over. Your neighbour can cut back that part of the hedge that . 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! . 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. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . When in doubt, do good to thy neighbor even if they do not do good to you. 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 ? of Supervisors, 599 N.W.2d 460 (Iowa 1999). Does the tree belong to you? You might agree an alternative route for the fence. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. That placement gives your lawn a sleek appearance and better curb appeal. For more details see our Privacy Policy. Of course, if the tree is not yours, please let me know, and I will contact the council. Can i remove a fence encroaching on my property? 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. Neighbour has replaced our boundary fence | Mumsnet Fences are a part of the realty and become affixed to the land. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. Fences and Neighbors FAQ | Nolo Do You Need a Neighbor's Permission to Build a Fence? In a suit for damages for removal of fences, courts grant injunctions: Some statutes award criminal penalties on individuals who unlawfully fence the land of another. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Section62 Forumite. Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle Glad it is all agreed and everything will be put in writing. 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! 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. 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, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission. Good day . 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. 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. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . you agreed to accept cookies from this website - thank you. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. A private individual cannot claim damages from the authorities for removal of encroached fence. In California, two inches from the property line is enough when building the fence. Neighbors must take you to court to dispute the fence placement. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Please refer to our full affiliate disclosure policy for full details. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. The neighbors don't have the right to tamper with your private property. 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. Also, the . On After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Usually in the rear corner of the yard. 2d 79, 81 (La. 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. tree trunks are growing on a boundary and are destroying the boundary fence; . [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. Spite Fences: . Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Fences. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Then, determine whos responsible for its placement and upkeep. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. If you go down this route your neighbour should . The standard for measuring damages for such removal or destruction is its value at the time. Either way, dont let people touch or move your stuff without consent. Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. Next contact your city for any ordinances pertaining to the placement of fences. When the fence needs maintaining in the future, its down to them or successive owners of their property. Frequently asked questions Rules for fences on boundaries | eHow UK There would now be two fences along the boundary. If they wont do that pay for it yourself. Her hobbies include architecture, art, mental health, and fashion. 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. 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. Is the replacement fence reasonably the same cost? Or your neighbour might offer you some cash to leave it where it is. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. That person makes the rules. If they disagree, you can hire a lawyer to help convince them. [Add below paragraph if other options are viable]. 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. This can be found in the deeds to your property. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Or try to legally change the property lines if you cant settle the dispute. That way, you can sue nasty neighbors who try to tamper with your stuff. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. 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.
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