Is the replacement fence reasonably the same cost? 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. So what can you do? Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated.They have also damaged lots of very . 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. [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. 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. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Can I Remove Utility Flags In My Yard: Is this Illegal? Local authorities really are not too concerned about fencing issues. Answer. If I were you I'd just say 'OK, it's on the list' every time it's brought up and continue doing what I was going to do. 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. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. The owner of the fence is always responsible for fixing it. 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. A survey is the only way to sort it out. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. Generally, a partition fence is built equally on both sides of the line. 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. Sharing a boundary line with a neighbor can unfortunately lead to conflict. If you want to have privacy, you will have to put up a fence on your side of the property. 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. You could also call an inspector out and ask if they recommend a repair or replacement. 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. Heres everything you need to know. We just cant afford it to be honest. Boundary Rules And Neighbour Disputes. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Also, the . A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. 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. 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. Therefore, I would like to suggest a meeting at [location eg. Your Get free, zero-commitment quotes from pro contractors near you. Neighbors must take you to court to dispute the fence placement. 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 . Maybe call the building department and ask them to look for a permit for a fence? If you're in an argument with a neighbor over a property issue, follow these steps: 1. 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? A private individual cannot claim damages from the authorities for removal of encroached fence. However, knowing exactly where your property lines are can be difficult. This evidence should hold up in court above everything else. They can insist. This is assuming the boundary fence lies directly on the property line. 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 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. Why send a letter to settle a property line dispute? If your neighbors attach anything to your . When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). I'm just getting in touch regarding the [insert species if known] tree at [location]. 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. Letter templates for resolving property line disputes. If the wall is on the right, then you must ask your neighbour. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Other places may view the fence as the joint property of both neighbors. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Terms and conditions It also suggests negative things about the neighbour who makes changes to a . The fencing notice forms the basis for the owners to . 2d 79, 81 (La. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. 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 ? You may be able to sue your neighbor for removing your boundary fence but after the legal costs and likely very long wait time to be seen in small courts, it may be more worth your time and money to just erect a new fence on your property line. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? You can suggest to your neighbor that they sell the piece of land in question to you. The value is determined by replacement costs minus depreciation for age and use. Today at 9:15AM. A partition fence is the joint property of adjacent landowners. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. 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. Press J to jump to the feed. Your best bet will be erecting the fence well within your property's boundaries. 83% positive I objected to his extension and stated that under no circumstances could he take down the fence. the cost for replacing the fence with a new fence; the cost of returning the property to the condition it was in before the damage; or. First of all, establish who is responsible for the fence on theboundary in question. Or your neighbour might offer you some cash to leave it where it is. The proof involves documentation of your property lines. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. [Amended by 1981 c.897 30]. 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. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. These will also determine what can be done as far as replacing or repairing a fence. Sitemap 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 . Well only use this information to handle your enquiry and we wont share it with any third parties. For more details see our Privacy Policy. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. 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. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. What are the 4 types of boundary disputes? 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. you agreed to accept cookies from this website - thank you. Neighbor cannot replace a boundary line fence without your permission. We use a range of cookies to improve your experience of our site. This case shows the importance of checking your legal position before you remove any boundary . But remember that fence posts should remain on your side of the property line. That person makes the rules. 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. But if it rests in your neighbors yard, its their responsibility. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. 2 June 2015 at 10:22AM. However, illegal fencing doesnt give people the right to remove it without notice. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. 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. Press question mark to learn the rest of the keyboard shortcuts. Whichever neighbor owns the boundary fence is responsible for it. Thats because you could get in trouble for vandalism or trespassing if youre not careful. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. This information will also be on your deeds. I want to tell them to take thing down. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. I spoke with our neighbour this afternoon and we came to an agreement. You can bring the matter up to your local municipality as fence laws are local ordinances. 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. Resolving conflicts involving trees on properties. 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. . If so, please would you take a look and arrange for the necessary work in order to make it safe? Boundary disputes involve your neighbor using your property without your consent. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Don't use this disagreement to vent months or years of anger at your neighbor. What happens when one of those neighbors decides they want to remove a boundary fence though? Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. If neither neighbor put up the fence, then the ownership is shared. In California, two inches from the property line is enough when building the fence. "neighbour has screwed new fence posts to my garage on the boundary". to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Before you erect any fence, you should confirm your exact property boundary lines. It has really helped clarify the situation. For example, the neighbor's hedge or fence is encroaching on your property. 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. But hire a lawyer for more information. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Step 1 - Talk to your neighbour. JavaScript seems to be disabled in your browser. If your neighbor initially built the fence, then they are legally allowed to remove the fence. 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. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. Is It Illegal to Walk Through a Gated Community? Additionally, if you don't have a . They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. 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. 30 Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Every city has different rules regarding fences. 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. VAT Number 990 1088 14 | Company Number 8513999 I've attached a copy of my survey/plat map to illustrate this. A building on the boundary is not considered a fence. So, the homeowner is usually responsible for its location and upkeep. 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. Generally to protect yourself from future . There is no party wall agreement between us and they did not ask for permission. 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). I am keen to settlethis issue - as I am sure you are too. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. 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. Hi I have 4 neighbours bordering the length of my back garden on one side. Does the tree belong to you? Is the old fence in need of replacement? 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. My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. Re: Encroachment of [fence/hedge/other encroachment] onmy land. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. However, this matter can be tricky to navigate so we . Trentwood Fencing Ltd 2022| Built by Kontrolit. Your rights are to use your property up to but not over the boundary line. Let us explain. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. You can both try to be sensitive. They also have the right to remove the fence when they please. But other factors can affect the rules as well. 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. Bankruptcy isn't the worst that can happen to you. If neither of you put up the fence and it is directly on the property line, then you have both have ownership of the fence and any decisions regarding the fence must have approval from both parties. Re: Potential [insert species if known] tree issue. 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. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. In one instance, you may have anissue over where the boundary line of the property actually sits. The best way to settle a boundary dispute is to talk to your neighbor first. So, be sure to maintain the area around your property line. Usually, cities determine height limitations by the landscape and the traffic. Removing your neighbors fence is illegal if you do not obtain their permission. Branches from trees can often grow across property lines. 05272398. Also think about whether it's safe to cut back the roots. best to check with council planning department. Can a neighbor remove your boundary fence without permission? 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 screwed it to a fence post that is totally on my land and nothing to do with the boundary. Your neighbor is not legally allowed to remove your boundary fence. Bono Construction. Laws about boundary fences can change based on where you live. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. 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. Are you able to meet up on [provide two possible days/times] to try and find a way forward? The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Bristol Member since 1 Jun 2016 You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. Boundary fences are supposed to help separate properties and eliminate disputes. 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. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). 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. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. 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. Have your neighbor agree to acknowledge your property right. Dont forget to check for any easements that may run through your property across the fence line. feedback. [ii] Trust v. Allamakee County Bd. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. 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). In some cases, yes, and in some cases, no. How to Stop Your Neighbors Dog From Digging Under Your Fence. Besides, you should speak to your neighbor directly before you go to the police. 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. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense.