So, be sure to maintain the area around your property line. However, illegal fencing doesnt give people the right to remove it without notice. Sharing a boundary line with a neighbor can unfortunately lead to conflict. 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. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Fences are commonly involved in boundary disputes. If this isnt successful and you and your neighbour cannot come to an agreement, there may be no alternative than totake legal action and commence court proceedings. 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]. jobs, Then, give them time to make repairs. best to check with council planning department, Darlington Member since 7 Sep 2016 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. But if it rests in your neighbors yard, its their responsibility. About 50% of the fence now has trenches under . 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. I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. best to check with council planning department. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. The best way to settle a boundary dispute is to talk to your neighbor first. It also suggests negative things about the neighbour who makes changes to a . However, these deeds typically dont mention any structures, such as fences. Then, keep detailed records of every decision you make. For example, . And you have to check local records to determine the owner in those cases. You will want to know this regardless. jobs, The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Let us explain. Why send a letter to settle a property line dispute? Stay civil. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Hi I have 4 neighbours bordering the length of my back garden on one side. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). The boundary fence around your property belongs to the person who built it. Press question mark to learn the rest of the keyboard shortcuts. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. Your neighbour can cut back that part of the hedge that . A building on the boundary is not considered a 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. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. What happens when one of those neighbors decides they want to remove a boundary fence though? Lets examine what a boundary dispute is and how it can impact your life. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. The location of a fence determines the jurisdiction of the court to determine the dispute. Thus, they must show ownership of the property to remove fencing around it. 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. 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. Are you able to meet up on [provide two possible days/times] to try and find a way forward? If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. Fences are not transitory, as personal estate. Dividing fences are a common cause of disputes between neighbours. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. Letter templates for resolving property line disputes. Your neighbor can legally build a fence on the property line provided they are following the local ordinances and have notified you in advance and you have had no objections. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. If neither neighbor put up the fence, then the ownership is shared. But if that is a fence on the property line, they'll need your consent to proceed with the removal. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. 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. Local authorities really are not too concerned about fencing issues. So what can you do? If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. If your neighbor initially built the fence, then they are legally allowed to remove the fence. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. tree trunks are growing on a boundary and are destroying the boundary fence; . 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. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. 1.2K Posts. Not if its a partition fence. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Your neighbor is not legally allowed to remove your boundary fence. Discuss your plans with your neighbour before you start putting . This can beuseful should the matter have to be resolved before acourt in the future. If your neighbour owns the wall or fence. Whichever neighbor owns the boundary fence is responsible for it. For example, most places say your structure cant exceed a certain height. 97% positive A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. London Member since 20 Apr 2011 In general, you should always build boundary fences with the panels facing outward along the border. But, some common themes typically arise. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. A polite clarification might be all that is needed to . You could hit it with some restoring wash and then stain it and it would look almost new. In Washington state, the law addresses in detail the rights and responsibilities . Convenient, Affordable Legal Help - Because We Care! Stop fussing with the neighbors over the boundary fence. However, for negligent action on the part of the public authority, s/he can sue for damages. But remember that fence posts should remain on your side of the property line. So, the homeowner is usually responsible for its location and upkeep. Or see if your landlord can give you more information. 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! What constitutes "use " varies by state. If the fence is sitting directly on the property line there might be a grandfather clause that allows it to go back directly on the property line. 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. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. link to How To Organize A Bathroom Closet. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. - Bankruptcy isn't the worst that can happen to you. Try to be fair. Any higher would have to have planning permission. The neighbors don't have the right to tamper with your private property. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. Fences are not transitory, as personal estate. But you might be struggling to figure out what kind of paint to use on garage walls. 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. 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. Your neighbor may be entitled to move your fence if it encroaches on their property. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. That placement gives your lawn a sleek appearance and better curb appeal. The Act does not deal with disputes about fences that are not on a boundary line. . Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. 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. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Laws about boundary fences can change based on where you live. The fencing notice forms the basis for the owners to . If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Your Get free, zero-commitment quotes from pro contractors near you. The value is determined by replacement costs minus depreciation for age and use. 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. I am keen to resolve this issue amicably and as quickly as possible. If you want to have privacy, you will have to put up a fence on your side of the property. In some areas, the fence remains the property of whomever paid to install and maintain it. 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. Then you have to find out if your neighbors have any rights to the existing structure. If yourown fence has seen better days, find out more about our fence repair services. 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. jobs, 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. You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. Fences pass by a sale of the land as the soil [iii]. Anything can be agreed in a mediation. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. First off get a surveyor to find the exact property line. 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. A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. 1949). Fences and trees along the property line can easily give rise to disagreements. You might also enjoy our post on Can My Neighbor Move My Fence? Your best bet will be erecting the fence well within your property's boundaries. And give the neighbors some logical reasons for the alteration. Either way, dont let people touch or move your stuff without consent. Or ask the court to help you change the parameters. Your neighbors can remove fencing if it impedes their yard. They must follow the appropriate channels to get you to take it down. (Heres Whats Required). I've attached a copy of my survey/plat map to illustrate this. "neighbour has screwed new fence posts to my garage on the boundary". Each county has different laws regarding property lines and boundary fences. Also, the . However, those rules might differ for rental estates, public areas, or government buildings. 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. In one instance, you may have an issue over where the boundary line of the property actually sits. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for 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. 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.
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