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. One of you OWNS the fence. 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 . You can determine whose fence is whose by looking at the property line. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Sharing a boundary line with a neighbor can unfortunately lead to conflict. If the wall or fence seems dangerous, point this out because your neighbour might not be . Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. Create an account to follow your favorite communities and start taking part in conversations. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. You might agree an alternative route for the fence. 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. They must follow the appropriate channels to get you to take it down. We will pay for the fence and retain ownership, responsibilities for repair etc. This is assuming the boundary fence lies directly on the property line. The neighbors have to prove to the courts that your fence causes problems in the community. Boundary disputes involve your neighbor using your property without your consent. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. And the deal is good until someone changes it. Ask them to split the cost of a survey to see whose property it sits on. [Amended by 1981 c.897 30]. If the structure is on your side of the line, it belongs to you. link to How To Organize A Bathroom Closet. 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. If so, please would you take a look and arrange for the necessary work in order to make it safe? The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. That person makes the rules. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Then, give them time to make repairs. There are two main areas when it comes to boundary line disputes. Heres how to do it: Make sure they agree with the proposed boundary change. And you cant always knock down or move existing structures even if you own them. Or try to legally change the property lines if you cant settle the dispute. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Whichever neighbor owns the boundary fence is responsible for it. However, knowing exactly where your property lines are can be difficult. Or they can argue that your structure encroaches on their land. Branches from trees can often grow across property lines. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. 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. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. If yourown fence has seen better days, find out more about our. We dont have a weed issue. 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 . But if that is a fence on the property line, they'll need your consent to proceed with the removal. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. 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]. Yes. Fences are not transitory, as personal estate. You might also enjoy our post on Can My Neighbor Move My Fence? Please let me know if you are able to attend. There you have it - the common laws around trees and garden boundaries. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). 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. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. You could hit it with some restoring wash and then stain it and it would look almost new. Every city has different rules regarding fences. In this case, the boundary fence belongs to both of you. It depends on where you live. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? A private individual cannot claim damages from the authorities for removal of encroached fence. Or, you could do a land swap. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. If the tree is not yours, do you know who is responsible? Press J to jump to the feed. 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 . This fence you have looks fine. So, they cant remove boundary fencing even if they dont like its location. For example, this seller received $145,000 less than his asking price because there was an ongoing boundary dispute over a two-foot-wide strip of his driveway that actually belonged to his neighbors. Fences are a part of the realty and become affixed to the land. 97% positive Some states define use as occupancy - such as using the land up to the fence . jobs, A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. Then, determine whos responsible for its placement and upkeep. And, if you tell him not to, Neighbor cannot come onto your property without y. 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. On This is a complicated legal matter that we will try to make more straightforward for you. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. 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. In this case, both neighbors have the right to the fence. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. In some states, the neighbors can claim your land if they prove you abandoned it. Still can't believe we didn't discuss this properly before work commenced. Maybe call the building department and ask them to look for a permit for a fence? Just my two cents here, but do you know who owns the fence? Often hedges, fences or trees can encroach on a property line. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. You must have JavaScript enabled in your browser to utilize the functionality of this website. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. [v] Sanders v. Lefkovitz, 292 S.W. Additionally, in determining the amount of compensation for the taking of land in order to widen a street, injuries to fences have been considered as a proper element of damages. I live at [address], next door and am concerned there is a potential threat to health and safety. Expert: Catherine replied 2 years ago. So, do your research before erecting a new one. For example, most places say your structure cant exceed a certain height. Bristol Member since 1 Jun 2016 The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. 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. Fences. Forcing a Neighbor to Remove an Ugly Fence . If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. You can suggest to your neighbor that they sell the piece of land in question to you. Its not difficult. This can be found in the deeds to your property. Rules about private fencing can vary from state to state. Giambrone provides client services worldwide through its member firms and affiliates, including Giambrone & Partners LLP, Giambrone & Partners Studio Legale Associato, Giambrone & Partners Sociedad Limitada Profesional and their subsidiaries and affiliates. However, illegal fencing doesnt give people the right to remove it without notice. You will want to know this regardless. Can a neighbor remove your boundary fence without permission? They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. A person is liable for removing, destroying, or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liable[i]. Please note that Reddit automoderates posts by new accounts. This means Yard Blogger may earn a commission if you make a purchase using any of our links. I dont believe either of us can with certainty. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Press question mark to learn the rest of the keyboard shortcuts. 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 Fences are a part of the realty and become affixed to the land. How Long Does It Take To Install A Fence? Is It Legal to Have a Horse in Your Backyard? Each firm is independent of the others and regulated separately. 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. These templates can be used to invite a neighbour to meet regarding your property line dispute. Establish the property lines instead. Figure it out. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Therefore, I would like to suggest a meeting at [location eg. This post contains affiliate links from Amazon and other stores. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. 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. In one instance, you may have anissue over where the boundary line of the property actually sits. Perhaps we could meet to discuss these options [next week/add relevant date]. VAT Number 990 1088 14 | Company Number 8513999 04/03/2016 18:32, Thanks so much for all the replies. 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. But, you shouldnt go directly to just removing the fence. And give the neighbors some logical reasons for the alteration. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. They also have the right to remove the fence when they please. 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. feedback, 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 ? This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. There is no party wall agreement between us and they did not ask for permission. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. My Neighbour's Hedge Is Overgrown. 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. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. The best way to settle a boundary dispute is to talk to your neighbor first. Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side.. fencing and boundary accuracy - original boundary was straight whereas now it no longer is. 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. Describe the violation. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 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. 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. ), with fence ideas that look great, too. Hi I have 4 neighbours bordering the length of my back garden on one side. The construction of a fence into a street or highway is considered a nuisance. 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. 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. In this situation, you really need to choose your battles wisely. 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. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. First off get a surveyor to find the exact property line. 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. 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. According to my records, the [fence/hedge/other encroachment] is actually on my property. Spite Fences: . 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. There would now be two fences along the boundary. Discuss your plans with your neighbour before you start putting . 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 ? 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. Communicatingvia letter, also provides both parties with a written record of the dispute. Your Get free, zero-commitment quotes from pro contractors near you. 2. Between 2 to 8 inches. 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. [Add below paragraph if other options are viable]. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. jobs, On They're actually not next door neighbours so to speak, it's a strange garden configuration and they actually live on a cul-de-sac that's a few minutes walk away, but that long fence is theirs. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. They say good fences make great neighbors. And make sure the fence height is allowed in your neighborhood. 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 .

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