neighbour has removed boundary fence neighbour has removed boundary fence

We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. dig up the root and cut a tree root back to the boundary or fence line of your property. You can suggest to your neighbor that they sell the piece of land in question to you. 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 the structure is on your side of the line, it belongs to you. You can use the contract in court because its legally binding. Fences are commonly involved in boundary disputes. The fencing notice forms the basis for the owners to . There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. If the fence is on your side of the property line, then the fence is yours. Just my two cents here, but do you know who owns the fence? tree trunks are growing on a boundary and are destroying the boundary fence; . best to check with council planning department. And they can also sue you if you dont take it down when they ask. There are two main areas when it comes to boundary line disputes. 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. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Sharing a boundary line with a neighbor can unfortunately lead to conflict. So, do your research before erecting a new one. I'm just getting in touch regarding the [insert species if known] tree at [location]. 04/03/2016 18:32, Thanks so much for all the replies. In one instance, you may have an issue over where the boundary line of the property actually sits. So, work toward peaceful living by utilizing the legal system. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. 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. But if it rests in your neighbors yard, its their responsibility. you disabled cookies on this website - some functions will not operate as intended. 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. There are two main areas when it comes to boundary line disputes. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? The hedge has been there since the 1930s. 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. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. You might agree an alternative route for the fence. 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. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. 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. 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. 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 one instance, you may have anissue over where the boundary line of the property actually sits. My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. Generally to protect yourself from future . But, you shouldnt go directly to just removing the fence. Neighbors can make the choice to put up a boundary fence if they both want to provide privacy to each other but there is no law that states you have to have a boundary fence. 97% positive 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. 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. 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. [ii] Trust v. Allamakee County Bd. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. 1.2K Posts. 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. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. 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. Are you able to meet up on [provide two possible days/times] to try and find a way forward? If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Get a surveyor to check and see if the fence is on the easement of the property. The neighbor who erected and obtained the permit for the fence owns it. In this case, the boundary fence belongs to both of you. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. If you do not obtain approval, then you may open yourself up to legal issues. That neighbor may have the right to modify the fence or remove it entirely. It also suggests negative things about the neighbour who makes changes to a . you agreed to accept cookies from this website - thank you. Either way, don't let people touch or move your stuff . Please refer to our full affiliate disclosure policy for full details. (Check for This First), Do I Need a Permit for a Pergola? And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. If yourown fence has seen better days, find out more about our fence repair services. But, in some cases, your neighbor will not be so friendly. 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. 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. Fences are a part of the realty and become affixed to the land. Try to be fair. A private individual cannot claim damages from the authorities for removal of encroached fence. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. jobs, The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. "neighbour has screwed new fence posts to my garage on the boundary". 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. 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. You can't make changes to your side without their permission, such as painting it. Click on a link to the section: [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. Then, keep detailed records of every decision you make. 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. They have plants growing over the fence on their side. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . Yourletter about yourdispute can be written in formal or informal terms. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. But, you would still have to put up the fence yourself. Neighbor can't do anything about it. Is It Legal to Have a Horse in Your Backyard? Between 2 to 8 inches. Yes. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. But you cant establish the owner unless you can define the property lines. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. London Member since 20 Apr 2011 The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. There would now be two fences along the boundary. 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. In this case, both neighbors have the right to the fence. Step 1 - Talk to your neighbour. Section62 Forumite. I understand that you may have been unaware of this issue before I broughtit to your attention. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Such person is considered a tortfeasor. Perhaps we could meet to discuss these options [next week/add relevant date]. Either way, dont tamper with a property barrier until you establish the rightful owner. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. 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. Bankruptcy isn't the worst that can happen to you. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. I spoke with our neighbour this afternoon and we came to an agreement. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Privacy notice So what can you do? They will update the public records as soon as possible. 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. 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. martinsurrey Forumite. Most cities have ordinances that require fences to be built a minimum of 6 off of the property line in order to prevent disputes such as this. best to check with council planning department, Darlington Member since 7 Sep 2016 Fences are not transitory, as personal estate. Plus, they can sue if your fence is too high. 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. 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. Welcome to /r/Legal, a community for discussing legal topics. That way, you can sue nasty neighbors who try to tamper with your stuff. 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. 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. Old boundary fence becomes legal? We dont have a weed issue. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. The proof involves documentation of your property lines. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. It depends on where you live. This can be done by you, but you would need a plot map and you would have to locate the property pin. 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. If your neighbors attach anything to your . 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! If your neighbours fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. Ct. App. If the wall or fence seems dangerous, point this out because your neighbour might not be . Then, determine whos responsible for its placement and upkeep. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 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. What do I do if my letter doesnt solve the dispute? link to How To Organize A Bathroom Closet. Please let me know if you are able to attend. 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. 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. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. You will want to know this regardless. Your best bet will be erecting the fence well within your property's boundaries. 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. Texas does not have a specific state law that addresses boundary line fences. Local laws differ regarding who owns a fence built on the property line. Let the county Assessor or Recorder know about the new deal. 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. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. The value is determined by replacement costs minus depreciation for age and use. Can a Neighbour remove a boundary fence? I doubt this would qualify as a partition fence but I could be wrong. Thank you. The location of a fence determines the jurisdiction of the court to determine the dispute. Also, the . Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. The public authority is empowered to remove fences encroaching a public street or highway[ii]. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. They can confront you to negotiate or consult law enforcement instead. My Neighbour's Hedge Is Overgrown. A partition fence is the joint property of adjacent landowners. . DID YOU KNOW: Some communities restrict the type of fencing you can use. And give the neighbors some logical reasons for the alteration. Worked at a fence company for 10+ years. feedback. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. 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 . 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. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. . 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. Heres how to do it: Make sure they agree with the proposed boundary change. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Generally, neighbours contribute equally. The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Is It Illegal to Walk Through a Gated Community? How Long Does It Take To Install A Fence? This case shows the importance of checking your legal position before you remove any boundary . Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. Discuss your plans with your neighbour before you start putting . When in doubt, do good to thy neighbor even if they do not do good to you. 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 you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. 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. What constitutes "use " varies by state. Which I trust you understand, is a considerable difference. You must have JavaScript enabled in your browser to utilize the functionality of this website. 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 . Neighbors must take you to court to dispute the fence placement. Each firm is independent of the others and regulated separately. And make sure the fence height is allowed in your neighborhood. For example, most places say your structure cant exceed a certain height. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. . The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. This post contains affiliate links from Amazon and other stores. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. It has really helped clarify the situation. Spite Fences: . link to What Kind Of Paint For Garage Walls. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. 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. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . - I am willing to sell the encroached land to you for a price agreed by an external surveyor. 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. I live at [address], next door and am concerned there is a potential threat to health and safety. Is the replacement fence reasonably the same cost? So, confront them first in person or writing. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Then, give them time to make repairs. These will also determine what can be done as far as replacing or repairing a fence. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. Every city has different rules regarding fences. 596, 598 (Tex. Fences are a part of the realty and become affixed to the land. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Rules about private fencing can vary from state to state. So, they can't remove boundary fencing even if they don't like its location. You could hit it with some restoring wash and then stain it and it would look almost new. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. 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. You might also enjoy our post on Can My Neighbor Move My Fence? 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. 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. Have your neighbor agree to acknowledge your property right. That means barriers that block entrances or hide street signs are illegal. Boundary fences are owned by both owners when both use the fence. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . But if that is a fence on the property line, they'll need your consent to proceed with the removal. Your neighbor may be entitled to move your fence if it encroaches on their property. Your neighbor is not legally allowed to remove your boundary fence. And, if you tell him not to, Neighbor cannot come onto your property without y. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. 2. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Each county has different laws regarding property lines and boundary fences.