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The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. So, they cant remove boundary fencing even if they dont like its location. Or see if your landlord can give you more information. Plus, they can sue if your fence is too high. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Worked at a fence company for 10+ years. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). Which I trust you understand, is a considerable difference. 12 You could hit it with some restoring wash and then stain it and it would look almost new. 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. By continuing to use the site, you agree to our use of these cookies. 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. Generally, a partition fence is built equally on both sides of the line. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. 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. Re: Encroachment of [fence/hedge/other encroachment] onmy land. Why send a letter to settle a property line dispute? 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. In a lot of states a boundary fence is the responsibility of both neighbors. Boundary fences can cause much dispute and debate between neighbours. 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. 1927). Letter templates for resolving property line disputes. 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 . But you cant establish the owner unless you can define the property lines. Nothing in the Act prevents neighbours coming to their own agreement about a fence, for example that one owner will pay the whole cost, or coming to an agreement . Also, the . 1.2K Posts. Still can't believe we didn't discuss this properly before work commenced. 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. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Civ. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. 892, 899 (Miss. If you do not obtain approval, then you may open yourself up to legal issues. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. Bono Construction. Try to be fair. I am keen to resolve this issue amicably and as quickly as possible. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. Ct. App. 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. However, they need to be able to prove this and then ask for your permission before they move the fence. Maybe call the building department and ask them to look for a permit for a fence? Answered 3rd Jun 2016. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. The neighbor who erected and obtained the permit for the fence owns it. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. . jobs, This is assuming the boundary fence lies directly on the property line. For example, most places say your structure cant exceed a certain height. If the wall or fence seems dangerous, point this out because your neighbour might not be . On Every city has different rules regarding fences. Editor, Marcus Herbert. Dividing fences are a common cause of disputes between neighbours. 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. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. In some cases, yes, and in some cases, no. There you have it - the common laws around trees and garden boundaries. 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. No Dig Vinyl Fence The white picket fence of your dreams, 2. This can be done by you, but you would need a plot map and you would have to locate the property pin. In this situation, you really need to choose your battles wisely. jobs, Some states define use as occupancy - such as using the land up to the fence . If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. If the property is rented or council-owned enquire with them if your neighbour has removed or . Does the tree belong to you? Can a Neighbour remove a boundary fence? Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. For more information or to arrange an appointment please fill in the form below. I am keen to resolve this situation quickly and amicably. Your neighbour might agree to remove the fence. The neighbors don't have the right to tamper with your private property. 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 . Our website uses cookies. 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. 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. In this case, the boundary fence belongs to both of you. Your responsibility as a fence owner. Is the replacement fence reasonably the same cost? I want to tell them to take thing down. 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. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. Section62 Forumite. First of all, establish who is responsible for the fence on theboundary in question. best to check with council planning department, Darlington Member since 7 Sep 2016 Property boundaries. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. And you cant always knock down or move existing structures even if you own them. Zippity Vinyl Fence Perfect for adding some style to your yard. Describe the violation. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. That, my friends, is the question. On My Neighbour's Hedge Is Overgrown. In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. So, look up public records to find out. feedback. But remember that fence posts should remain on your side of the property line. Registered in England No. If the wall is on the right, then you must ask your neighbour. In some areas, the fence remains the property of whomever paid to install and maintain it. 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. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. 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. That neighbor may have the right to modify the fence or remove it entirely. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. 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. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! You might also enjoy our post on Can My Neighbor Move My Fence? This fence you have looks fine. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. 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. You will want to know this regardless. 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 ? Is It Illegal to Walk Through a Gated Community? That means you have to determine the local mandates before doing anything. If so, please would you take a look and arrange for the necessary work in order to make it safe? Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. 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! jobs, This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. [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. The location of a fence determines the jurisdiction of the court to determine the dispute. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. I am writing regarding the [insert species] tree on your property. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. But, in some cases, your neighbor will not be so friendly. However, those rules might differ for rental estates, public areas, or government buildings. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. Resolving conflicts involving trees on properties. That way, you can sue nasty neighbors who try to tamper with your stuff. 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. However, these deeds typically dont mention any structures, such as fences. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. Local laws differ regarding who owns a fence built on the property line. Or they can argue that your structure encroaches on their land. Thats because you could get in trouble for vandalism or trespassing if youre not careful. Of course, if the tree is not yours, please let me know, and I will contact the council. 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. Often hedges, fences or trees can encroach on a property line. Can my Neighbour remove boundary 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 yourown fence has seen better days, find out more about our. In this case, both neighbors have the right to the fence. The issue is whether it needs to be repaired or replaced and thats the matter being debated. 1991). Dividing Fences Act. The Council acknowledged they were at fault and came up with the solution of building . It depends on where you live. 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]. 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! Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. My fence needs . Not if its a partition fence. If the fence is on your side of the property line, then the fence is yours. 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. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. Perhaps we could meet to discuss these options [next week/add relevant date]. They can insist. Your neighbour can cut back that part of the hedge that . 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. (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. So what can you do? 2 June 2015 at 10:22AM. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. ), with fence ideas that look great, too. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Each firm is independent of the others and regulated separately. hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ? First off get a surveyor to find the exact property line. Ready to change the property lines around your house? Fences. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. 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). App. Fences are a part of the realty and become affixed to the land. 4 /9. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Until then, people cant tear up your property just because they dont like it. Just my two cents here, but do you know who owns the fence? Thats because you have rights as the homeowner. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. I doubt this would qualify as a partition fence but I could be wrong. dig up the root and cut a tree root back to the boundary or fence line of your property. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. You can use the contract in court because its legally binding. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. 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. 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. 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. Specify a reasonable period in which the neighbor should fix the encroachment, for . So, do your research before erecting a new one. Texas does not have a specific state law that addresses boundary line fences. Fences pass by a sale of the land as the soil[iii]. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. 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. . Make it clear in writing, you want this fence to stay. Neighbors must take you to court to dispute the fence placement. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. And make sure your neighbors are maintaining their fences correctly. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. You can determine whose fence is whose by looking at the property line. For more details see our Privacy Policy. Well only use this information to handle your enquiry and we wont share it with any third parties. Heres everything you need to know. I'm just getting in touch regarding the [insert species if known] tree at [location]. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. I just want to know if I can legally remove the screws his has put in to my property. 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. Let the county Assessor or Recorder know about the new deal. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. However, if you put up the fence accidentally on your neighbors side of the property line then you are actually encroaching on your neighbors property. You can do several things if a neighbor refuses to fix their broken fence. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. We've just had about 9k of . That means barriers that block entrances or hide street signs are illegal. link to What Kind Of Paint For Garage Walls. Press question mark to learn the rest of the keyboard shortcuts. You can both try to be sensitive. USLegal has the lenders!--Apply Now--. If you go down this route your neighbour should . When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. you disabled cookies on this website - some functions will not operate as intended. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Stop fussing with the neighbors over the boundary fence. You can bring the matter up to your local municipality as fence laws are local ordinances. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. The neighbours can agree on their contribution, or have this decided by an arbitrator. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. 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 . 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. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. VAT Number 990 1088 14 | Company Number 8513999 That person makes the rules. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. However, in cases where your neighbor doesn . The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. The owner of the fence is always responsible for fixing it. A building on the boundary is not considered a fence. 32 I dont believe either of us can with certainty. 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. My neighbour has just built an extension. What happens when one of those neighbors decides they want to remove a boundary fence though? 2. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. Whichever neighbor owns the boundary fence is responsible for it. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. Please let me know if you are able to attend. It has really helped clarify the situation. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Fences pass by a sale of the land as the soil [iii]. So, be sure to maintain the area around your property line. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). 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 general, you should always build boundary fences with the panels facing outward along the border. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. 83% positive Or try to legally change the property lines if you cant settle the dispute. 596, 598 (Tex. you agreed to accept cookies from this website - thank you. a local cafe or other neutral space] on [date] at [time]. 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. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. You might agree an alternative route for the fence. 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. 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. That will only escalate the situation. Anything can be agreed in a mediation. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. But you might be struggling to figure out what kind of paint to use on garage walls. In this case, the neighbour would therefore have to be served notice as the extension affects their property. So, they can't remove boundary fencing even if they don't like its location. You will only earn a small fine and a bad neighbor reputation. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). You might also enjoy our post on Can Your Neighbor Paint Your Fence? Neighbor can't do anything about it. The hedge has been there since the 1930s. That placement gives your lawn a sleek appearance and better curb appeal. If neither neighbor put up the fence, then the ownership is shared. If you want to have privacy, you will have to put up a fence on your side of the property. Terms and conditions 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. link to How To Organize A Bathroom Closet. Each county has different laws regarding property lines and boundary fences. 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.

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