Fences are not transitory, as personal estate. So, they cant remove boundary fencing even if they dont like its location. 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 . Of course, if the tree is not yours, please let me know, and I will contact the council. 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're not splitting the cost, then let it stay until it's literally falling over. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. Generally, neighbours contribute equally. 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. And you cant always knock down or move existing structures even if you own them. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Heres everything you need to know. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. You dont have to stand by as your next-door neighbor ruins your fencing. 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? 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. 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. Then, keep detailed records of every decision you make. Knowing the rules and regulations for fences on boundary lines can help keep the peace. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Neighbor cannot replace a boundary line fence without your permission. I am keen to settlethis issue - as I am sure you are too. And, if you tell him not to, Neighbor cannot come onto your property without y. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? A building on the boundary is not considered a fence. In general, you should always build boundary fences with the panels facing outward along the border. 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. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. In one instance, you may have an issue over where the boundary line of the property actually sits. I look forward to seeing you on [date]. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. There would now be two fences along the boundary. Usually there will be a clear demarcation of who owns which part of the land and boundaries. So, look up public records to find out. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Each firm is independent of the others and regulated separately. Dividing fences are a common cause of disputes between neighbours. the reasonable value of the fence as an enclosure at the time of its removal. 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. I am writing regarding the [insert species] tree on your property. I had a fence that got blown over in a hurricane. Other places may view the fence as the joint property of both neighbors. However, illegal fencing doesnt give people the right to remove it without notice. Get a surveyor to check and see if the fence is on the easement of the property. Or your neighbour might offer you some cash to leave it where it is. Local fence laws work on the assumption that boundary fences benefit both property . Unless the tree is protected by a tree preservation order, you are allowed to: cut an overhanging branch back to the point where it enters your property. When I built my fence, I had it surveyed and placed it 3" from the property line. In general, cities prohibit fencing that obstructs the view or slows traffic flow. If the property is rented or council-owned enquire with them if your neighbour has removed or . Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Maybe call the building department and ask them to look for a permit for a fence? If the wall or fence seems dangerous, point this out because your neighbour might not be . When in doubt, do good to thy neighbor even if they do not do good 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. 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. Texas does not have a specific state law that addresses boundary line fences. What happens when one of those neighbors decides they want to remove a boundary fence though? 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. App. I would be grateful if you would look into this as a matter of urgency. 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. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 2 June 2015 at 10:22AM. 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. Fences. 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. 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. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. You might also enjoy our post on Can Your Neighbor Paint Your Fence? London Member since 20 Apr 2011 Bristol Member since 1 Jun 2016 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. Next contact your city for any ordinances pertaining to the placement of fences. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Then, determine whos responsible for its placement and upkeep. You could also call an inspector out and ask if they recommend a repair or replacement. However, knowing exactly where your property lines are can be difficult. 1949). 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. Boundary fences may be built by the municipality in some cases, especially in new developments. Additionally, if you believe your neighbor has put up a fence to spite you, such as blocking a view, then you might be able to sue your neighbor for private nuisance. Either way, don't let people touch or move your stuff . 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). 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. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. 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. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Then, give them time to make repairs. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Usually, cities determine height limitations by the landscape and the traffic. So, they can't remove boundary fencing even if they don't like its location. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. Or they can argue that your structure encroaches on their land. The neighbors dont have the right to tamper with your private property. We just cant afford it to be honest. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Bono Construction. 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. The best way to settle a boundary dispute is to talk to your neighbor first. Your neighbor is not legally allowed to remove your boundary fence. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. "neighbour has screwed new fence posts to my garage on the boundary". 892, 899 (Miss. Boundary fences are supposed to help separate properties and eliminate disputes. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). 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 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. [Amended by 1981 c.897 30]. Then you have to find out if your neighbors have any rights to the existing structure. Browse USLegal Forms largest database of85k state and industry-specific legal forms. When I bought my house I asked the neighbours behind if I could take out the old hedge (useless) and put up a fence, at my Down the decades, since 1937, the front divide between my semi and my neighbours has been wire fencing and then various forms of 2008-2023 MyBuilder Limited Section62 Forumite. This can be done by you, but you would need a plot map and you would have to locate the property pin. First of all, establish who is responsible for the fence on theboundary in question. Boundary Rules And Neighbour Disputes. 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. Risking potential violent behavior from your neighbor. Click on a link to the section: 30 And give the neighbors some logical reasons for the alteration. Your property is on a corner and has more than one frontage. Any higher would have to have planning permission. 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. 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 . a local cafe or other neutral space] on [date] at [time]. link to What Kind Of Paint For Garage Walls. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. The Council acknowledged they were at fault and came up with the solution of building . If the fence is on your side of the property line, then the fence is yours. 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. If yourown fence has seen better days, find out more about our. Your neighbour can cut back that part of the hedge that . 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. Local laws differ regarding who owns a fence built on the property line. 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. So, be sure to maintain the area around your property line. 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! 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. 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. [ii] Trust v. Allamakee County Bd. 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. Either way, dont tamper with a property barrier until you establish the rightful owner. Generally, a partition fence is built equally on both sides of the line. We were happy enough for them to do this and agreed verbally. You might agree an alternative route for the fence. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. But hire a lawyer for more information. Thats because you have rights as the homeowner. The construction of a fence into a street or highway is considered a nuisance. For more details see our Privacy Policy. Figure it out. Your rights are to use your property up to but not over the boundary line. 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. But, you would still have to put up the fence yourself. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. (Heres Whats Required)Continue, So, you have an event coming up, youre excited about it, and you want to let everyone know as, Read More Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors?Continue. Rules on boundary fences vary from city to city but they all mostly follow common themes such as who has ownership and when and who has responsibility for the maintenance of the fence. In this case, both neighbors have the right to the fence. Such person is considered a tortfeasor. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. Additionally, if you don't have a . So, work toward peaceful living by utilizing the legal system. Describe the violation. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. You can suggest to your neighbor that they sell the piece of land in question to you. If the structure is on your side of the line, it belongs to you. What To Do With Old Fence Posts (Heres What You Can Do). Whichever neighbor owns the boundary fence is responsible for it. Answer. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. 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. 1927). And if you live in an urban area, the limitations on acceptable fencing could be even stricter. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . They also have the right to remove the fence when they please. So what can you do? 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. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. That neighbor may have the right to modify the fence or remove it entirely. Is the old fence in need of replacement? Yes. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. They say good fences make great neighbors. Your best bet will be erecting the fence well within your property's boundaries. Although we disagree about this, we are neighbours andneed to resolve the problem. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. This is a complicated legal matter that we will try to make more straightforward for you. If you live in a neighborhood with an HOA look into their rules regarding fences as well. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. Each county has different laws regarding property lines and boundary fences. 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. Fences are a part of the realty and become affixed to the land. If so, please would you take a look and arrange for the necessary work in order to make it safe? 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. . 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 . Sometimes a neighbor may build an ugly fence out of spite for a neighbor. And make sure the fence height is allowed in your neighborhood. 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. Thank you. But other factors can affect the rules as well. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Besides, you should speak to your neighbor directly before you go to the police. 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. 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. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. But, some common themes typically arise. Fences are a part of the realty and become affixed to the land. I live at [address], next door and am concerned there is a potential threat to health and safety. How to Stop Your Neighbors Dog From Digging Under Your Fence. For example, . Answer (1 of 25): You have 3 questions, and the answers to all 3 are "No." Neighbor cannot remove a boundary line fence without your permission. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. 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. Fences are not transitory, as personal estate. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Neighbor can't do anything about it.