However, for negligent action on the part of the public authority, s/he can sue for damages. Section62 Forumite. On Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . But, some common themes typically arise. Its not difficult. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. So, they cant remove boundary fencing even if they dont like its location. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. 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. 2d 79, 81 (La. They also have the right to remove the fence when they please. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. That, my friends, is the question. I dont believe either of us can with certainty. The construction of a fence into a street or highway is considered a nuisance. If you're in an argument with a neighbor over a property issue, follow these steps: 1. 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! And what can you do if they violate your property lines? 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. So, do your research before erecting a new one. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 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. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. best to check with council planning department. 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. Until then, people cant tear up your property just because they dont like it. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Bankruptcy isn't the worst that can happen to you. This means Yard Blogger may earn a commission if you make a purchase using any of our links. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. Is It Legal to Have a Horse in Your Backyard? Other places may view the fence as the joint property of both neighbors. 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. Civ. tree trunks are growing on a boundary and are destroying the boundary fence; . In this case, the boundary fence belongs to both of you. 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. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. Neighbors must take you to court to dispute the fence placement. You could hit it with some restoring wash and then stain it and it would look almost new. (Heres Whats Required). Then you have to find out if your neighbors have any rights to the existing structure. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Establish the property lines instead. I'm just getting in touch regarding the [insert species if known] tree at [location]. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. 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. 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. 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 latters field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. 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. Fences are a part of the realty and become affixed to the land. On However, if your neighbor put up a fence that is landing on your side of the property line, then you do have a small right to the fence. Whichever neighbor owns the boundary fence is responsible for it. 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. The neighbor who erected and obtained the permit for the fence owns it. A polite clarification might be all that is needed to . It has really helped clarify the situation. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? If they ignore your requests or neglect your lawful warnings, you can sue them in court. Any higher would have to have planning permission. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. They say good fences make great neighbors. 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. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. My neighbour has just built an extension. Stay civil. 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. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Have your neighbor agree to acknowledge your property right. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. By . 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. 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. Figure it out. Additionally, if you don't have a . So, confront them first in person or writing. 05272398. For more details see our Privacy Policy. 100% positive You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). Your neighbors can remove fencing if it impedes their yard. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. Before you erect any fence, you should confirm your exact property boundary lines. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. If they disagree, you can hire a lawyer to help convince them. 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. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. Heres everything you need to know. However, these deeds typically dont mention any structures, such as fences. 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. 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. In a lot of states a boundary fence is the responsibility of both neighbors. . 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 . 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. As for painting the fence I cannot see a problem at all . Registered in England No. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Your property is on a corner and has more than one frontage. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. The standard for measuring damages for such removal or destruction is its value at the time. Glad it is all agreed and everything will be put in writing. 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. you agreed to accept cookies from this website - thank you. Boundary fences may be built by the municipality in some cases, especially in new developments. Don't use this disagreement to vent months or years of anger at your neighbor. Does the tree belong to you? Please note that Reddit automoderates posts by new accounts. I am keen to settlethis issue - as I am sure you are too. Is the replacement fence reasonably the same cost? You can bring the matter up to your local municipality as fence laws are local ordinances. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. 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. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? 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. Depending on neighbors. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Fence erected inside boundary line. Either way, don't let people touch or move your stuff . 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. 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. There would now be two fences along the boundary. In some cases, yes, and in some cases, no. Your neighbour can cut back that part of the hedge that . If the wall or fence seems dangerous, point this out because your neighbour might not be . I've attached a copy of my survey/plat map to illustrate this. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. 04/03/2016 18:32, Thanks so much for all the replies. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. It MIGHT say something about who has to maintain it. So, always check the local regulations first. If your neighbors attach anything to your . 97% positive Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. I objected to his extension and stated that under no circumstances could he take down the fence. 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. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. 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. Is It Illegal to Walk Through a Gated Community? 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! If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. How to Stop Your Neighbors Dog From Digging Under Your Fence. link to What Kind Of Paint For Garage Walls. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. A survey is the only way to sort it out. The value is determined by replacement costs minus depreciation for age and use. But you might be struggling to figure out what kind of paint to use on garage walls. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. When in doubt, do good to thy neighbor even if they do not do good to you. Maybe call the building department and ask them to look for a permit for a fence? You must have JavaScript enabled in your browser to utilize the functionality of this website. Just my two cents here, but do you know who owns the fence? They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Can a Neighbour remove a boundary fence? So, the homeowner is usually responsible for its location and upkeep. A boundary dispute arises when a neighbor believes their neighbor is infringing on their property by having an item or items placed on their property without their permission. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Thanks for your answers. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. 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. 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. Besides, you should speak to your neighbor directly before you go to the police. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Then, the court can order you to move it, take it down, or find an alternative. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. A partition fence is the joint property of adjacent landowners. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. The boundary fence around your property belongs to the person who built 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. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Your neighbor is not legally allowed to remove your boundary fence. But what happens when fencing becomes the source of a dispute? 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. By continuing to use the site, you agree to our use of these cookies. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. That way, you can sue nasty neighbors who try to tamper with your stuff. feedback. Thus, they must show ownership of the property to remove fencing around it. 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. 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. The neighbors don't have the right to tamper with your private property. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. jobs, Branches from trees can often grow across property lines. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. Generally, neighbours contribute equally. 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. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Anything can be agreed in a mediation. [Amended by 1981 c.897 30]. This is assuming the boundary fence lies directly on the property line. If so, please would you take a look and arrange for the necessary work in order to make it safe? Hi I have 4 neighbours bordering the length of my back garden on one side. 1927). 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! Can your neighbor legally do this? However, illegal fencing doesnt give people the right to remove it without notice. Our website uses cookies. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Causing permanent damage to your property. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. Therefore, I would like to suggest a meeting at [location eg. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. Although it was illegal for your neighbor to remove the fence, you should try to avoid the law as much as you can since boundary disputes can be lengthy and may impact the possibility of selling your house in the future. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. 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. You can suggest to your neighbor that they sell the piece of land in question to you. Heres how to do it: Make sure they agree with the proposed boundary change. 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. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. Between 2 to 8 inches. 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. Answered 3rd Jun 2016. [iv] Miller v. Leonard, 588 So. And give the neighbors some logical reasons for the alteration. 1991). We will pay for the fence and retain ownership, responsibilities for repair etc. So, record your domain at the local courthouse. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. If you want to post a question it is best to do so with an established account, or it will not show up. 596, 598 (Tex. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. 1.2K Posts. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. Let the county Assessor or Recorder know about the new deal. My neighbour has moved the boundary fence on to my land. I am writing regarding the [insert species] tree on your property. In general, cities prohibit fencing that obstructs the view or slows traffic flow. You can't make changes to your side without their permission, such as painting it. Your neighbor may be entitled to move your fence if it encroaches on their property. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. Her hobbies include architecture, art, mental health, and fashion. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. If the structure is on your side of the line, it belongs to you. 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. Texas does not have a specific state law that addresses boundary line fences. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. 83% positive The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement.