The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. They can insist. ), with fence ideas that look great, too. 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. In Washington state, the law addresses in detail the rights and responsibilities . 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. 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. Your property is on a corner and has more than one frontage. 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. 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. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. Thank you. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. In this case, the neighbour would therefore have to be served notice as the extension affects their property. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. So, be sure to maintain the area around your property line. you agreed to accept cookies from this website - thank you. Usually in the rear corner of the yard. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. So, always check the local regulations first. 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. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. If they disagree, you can hire a lawyer to help convince them. If yourown fence has seen better days, find out more about our. When the fence needs maintaining in the future, its down to them or successive owners of their property. Make it clear in writing, you want this fence to stay. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. In a lot of states a boundary fence is the responsibility of both neighbors. 596, 598 (Tex. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. The fencing notice forms the basis for the owners to . Today at 9:15AM. 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. So, record your domain at the local courthouse. Can I Remove Utility Flags In My Yard: Is this Illegal? 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. Thats because you have rights as the homeowner. Which I trust you understand, is a considerable difference. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. 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. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Let us explain. 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). 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. If you have a big piece of property and are thinking about getting a horse, you might be wondering, Read More Is It Legal to Have a Horse in Your Backyard?Continue, Some people enjoy their privacy so much that they prefer living in an exclusive private community. Although we disagree about this, we are neighbours andneed to resolve the problem. USLegal has the lenders!--Apply Now--. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. 2. Then, give them time to make repairs. . A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. My neighbour has planning permission for an extension. But, some common themes typically arise. However, illegal fencing doesnt give people the right to remove it without notice. This post contains affiliate links from Amazon and other stores. Terms and conditions If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . London Member since 20 Apr 2011 Branches from trees can often grow across property lines. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . A fence in a boundary dispute will arise when one neighbor claims that the fence is on their property without their consent and the at-fault neighbor refuses the claim. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Describe the violation. 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. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. 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. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. You cannot force your neighbor to put up a fence. 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. If they wont do that pay for it yourself. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. 83% positive If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. [ii] Trust v. Allamakee County Bd. But if it rests in your neighbors yard, its their responsibility. Are you able to meet up on [provide two possible days/times] to try and find a way forward? Bono Construction. . Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. 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. 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. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. Each firm is independent of the others and regulated separately. Fences are not transitory, as personal estate. 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. So, look up public records to find out. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. 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. Next contact your city for any ordinances pertaining to the placement of fences. Generally, a partition fence is built equally on both sides of the line. If you want to post a question it is best to do so with an established account, or it will not show up. In one instance, you may have an issue over where the boundary line of the property actually sits. 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. 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. Also think about whether it's safe to cut back the roots. 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. If you do not obtain approval, then you may open yourself up to legal issues. My neighbour has moved the boundary fence on to my land. In this situation, you really need to choose your battles wisely. 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 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. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. VAT Number 990 1088 14 | Company Number 8513999 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. Registered in England No. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. By continuing to use the site, you agree to our use of these cookies. I want to tell them to take thing down. Attach your survey or plat map highlighting the disputed area. . 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! Even if youve established that the problem fence is your neighbours responsibility, take some time to consider your options before you approach him or her. For example, most places say your structure cant exceed a certain height. This is for trees that do not require a permit from the council. link to What Kind Of Paint For Garage Walls. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. "neighbour has screwed new fence posts to my garage on the boundary". When I built my fence, I had it surveyed and placed it 3" from the property line. I am keen to resolve this issue amicably and as quickly as possible. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Dividing Fences Act. 1956). There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. Local authorities really are not too concerned about fencing issues. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. This information will also be on your deeds. jobs, - I am willing to sell the encroached land to you for a price agreed by an external surveyor. You could hit it with some restoring wash and then stain it and it would look almost new. Figure it out. Knowing the rules and regulations for fences on boundary lines can help keep the peace. Press question mark to learn the rest of the keyboard shortcuts. Dont forget to check for any easements that may run through your property across the fence line. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Your best bet will be erecting the fence well within your property's boundaries. I spoke with our neighbour this afternoon and we came to an agreement. Browse USLegal Forms largest database of85k state and industry-specific legal forms. 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. This notice has to be served at least 21 days before submitting a planning application. 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. I look forward to seeing you on [date]. The best way to settle a boundary dispute is to talk to your neighbor first. Good day . Then you have to find out if your neighbors have any rights to the existing structure. 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! Try to be fair. This is a complicated legal matter that we will try to make more straightforward for you. Or ask the court to help you change the parameters. Is It Legal to Have a Horse in Your Backyard? The location of a fence determines the jurisdiction of the court to determine the dispute. DID YOU KNOW: Some communities restrict the type of fencing you can use. A survey is the only way to sort it out. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. One of you OWNS the fence. You can't make changes to your side without their permission, such as painting it. Ask them to split the cost of a survey to see whose property it sits on. The hedge has been there since the 1930s. Neighbor cannot replace a boundary line fence without your permission. Fences. Yourletter about yourdispute can be written in formal or informal terms. Section62 Forumite. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. So what can you do? Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Your neighbors can remove fencing if it impedes their yard. 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. 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 . Either way, dont let people touch or move your stuff without consent. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. We use a range of cookies to improve your experience of our site. 1949). This is assuming the boundary fence lies directly on the property line. We dont have a weed issue. The value is determined by replacement costs minus depreciation for age and use. Removing your neighbors fence is illegal if you do not obtain their permission. Old boundary fence becomes legal? A building on the boundary is not considered a fence. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. 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. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. First off get a surveyor to find the exact property line. Then, keep detailed records of every decision you make. Spite Fences: . You can suggest to your neighbor that they sell the piece of land in question to you. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. A partition fence is the joint property of adjacent landowners. Generally, neighbours contribute equally. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. However, for negligent action on the part of the public authority, s/he can sue for damages. Heres everything you need to know. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. So, confront them first in person or writing. 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. There are two main areas when it comes to boundary line disputes. Our website uses cookies. If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . Before you erect any fence, you should confirm your exact property boundary lines. Plus, they can sue if your fence is too high. Whatever the case, try to avoid heated arguments with the neighbors. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. 1991). You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the 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. Neighbors must take you to court to dispute the fence placement. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. Or try to legally change the property lines if you cant settle the dispute. If the tree is not yours, do you know who is responsible? If you're not splitting the cost, then let it stay until it's literally falling over. 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. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Its not difficult. 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. Additionally, if you don't have a . link to How To Organize A Bathroom Closet. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. You may need to get a copy of the titlr plan for both yours and your neighbours properties to check who is responsible for maintaining the boundary, because if the T does not fall on your land it may not show up on the title plan to your property. 32 Privacy notice Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. 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. In this case, the boundary fence belongs to both of you. But, you shouldnt go directly to just removing the fence. That means barriers that block entrances or hide street signs are illegal. 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. jobs, And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. There is no party wall agreement between us and they did not ask for permission. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Your neighbor is not legally allowed to remove your boundary fence. If you go down this route your neighbour should . You also cant cause a nuisance with your fence or put the neighbors in danger. Other places may view the fence as the joint property of both neighbors. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Your neighbour can cut back that part of the hedge that . Risking potential violent behavior from your neighbor. 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. Dividing fences are a common cause of disputes between neighbours. However, these deeds typically dont mention any structures, such as fences. Causing permanent damage to your property. 04/03/2016 18:32, Thanks so much for all the replies. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. I had a fence that got blown over in a hurricane. the last 3 words need to be clarified. This means Yard Blogger may earn a commission if you make a purchase using any of our links. However, in cases where your neighbor doesn . 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. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Let the county Assessor or Recorder know about the new deal. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. If they ignore your requests or neglect your lawful warnings, you can sue them in court. First of all, establish who is responsible for the fence on theboundary in question. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. 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. (Heres Whats Required). Your neighbor is not legally allowed to remove your boundary fence. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. We were happy enough for them to do this and agreed verbally. Usually, cities determine height limitations by the landscape and the traffic. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. You are physically removing something that you do not own, which is breaking the law in most areas. 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. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. There would now be two fences along the boundary. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. 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 . The neighbours can agree on their contribution, or have this decided by an arbitrator. But you cant establish the owner unless you can define the property lines. Can your neighbor legally do this? Choosing the Best Type of Fence for Your Garden. It is more the dam cheak than anything else. It is not likely that you will face any jail time. Fences are a part of the realty and become affixed to the land. The public authority is empowered to remove fences encroaching a public street or highway[ii]. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. Some states define use as occupancy - such as using the land up to the fence . These templates can be used to invite a neighbour to meet regarding your property line dispute. 1927). 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. 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. Also, the . 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. You should take care not to cause unnecessary damage to the tree. Any higher would have to have planning permission. 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. 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. Thats because you could get in trouble for vandalism or trespassing if youre not careful. I understand that you may have been unaware of this issue before I broughtit to your attention. During co-ownership of a fence, both neighbors are responsible for maintaining their side of the fence and also have shared rights to the fence. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. 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. 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. Re: Encroachment of [fence/hedge/other encroachment] onmy land. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Local laws differ regarding who owns a fence built on the property line. Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. 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. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. Just my two cents here, but do you know who owns the fence? If your neighbour owns the wall or fence. 3.4K Posts. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. Whichever neighbor owns the boundary fence is responsible for it.