Just my two cents here, but do you know who owns the fence? Often hedges, fences or trees can encroach on a property line. Either way, don't let people touch or move your stuff . 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. Ct. App. My neighbour is getting a builder to take my fence down to - The Sun Fences and Neighbors FAQ | Nolo Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. UK VAT Registered: 850 4121 63, Can my neighbour legally move her fence on to my boundary, Repositioning Concrete Fence Posts due to Neighbour's Extension, Can my neighbour force me to move my fence which is about four inches over his side. The boundary fence around your property belongs to the person who built it. Yourletter about yourdispute can be written in formal or informal terms. Whatever the case, try to avoid heated arguments with the neighbors. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. 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. Choosing the Best Type of Fence for Your Garden. - Boundary disputes involve your neighbor using your property without your consent. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. That person makes the rules. I am writing regarding the [insert species] tree on your property. My neighbour has taken part of my garden. What can I do? As for painting the fence I cannot see a problem at all . Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. 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. 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. Your responsibility as a fence owner - Queensland Theres sometimes an assumption that every house is responsible for the boundary to its left, but this isnt always the case; neighbouring properties may have had completely different boundary responsibilitiesidentified by the land vendor when the houses were built. Worked at a fence company for 10+ years. 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. 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]. However, for negligent action on the part of the public authority, s/he can sue for damages. 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. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. We will pay for the fence and retain ownership, responsibilities for repair etc. I just want to know if I can legally remove the screws his has put in to my property. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. The construction of a fence into a street or highway is considered a nuisance. The value is determined by replacement costs minus depreciation for age and use. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. If neither neighbor put up the fence, then the ownership is shared. But, some common themes typically arise. Next contact your city for any ordinances pertaining to the placement of fences. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. of Supervisors, 599 N.W.2d 460 (Iowa 1999). The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Boundary fences are owned by both owners when both use the fence. How to Write an Encroachment Notice | Legal Beagle 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. feedback. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this. 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. 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. Neighbour is taking down MY fence! MoneySavingExpert Forum Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. In this case, the neighbour would therefore have to be served notice as the extension affects their property. . How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Are you able to meet up on [provide two possible days/times] to try and find a way forward? Local fence laws work on the assumption that boundary fences benefit both property . My neighbour has planning permission for an extension. 05272398. Can a neighbor remove your boundary fence without permission? Any higher would have to have planning permission. If your neighbor initially built the fence, then they are legally allowed to remove the fence. a local cafe or other neutral space] on [date] at [time]. You can determine whose fence is whose by looking at the property line. Boundary Rules And Neighbour Disputes. However, those rules might differ for rental estates, public areas, or government buildings. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. So, they cant remove boundary fencing even if they dont like its location. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. 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. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. 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. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Then, determine whos responsible for its placement and upkeep. jobs, Such person is considered a tortfeasor. They can confront you to negotiate or consult law enforcement instead. Generally, a partition fence is built equally on both sides of the line. Old boundary fence becomes legal? Is It Legal to Have a Horse in Your Backyard? Between 2 to 8 inches. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. A partition fence is the joint property of adjacent landowners. What do I do if my letter doesnt solve the dispute? Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. Fence erected inside boundary line. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. I doubt this would qualify as a partition fence but I could be wrong. 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. Thanks for your answers. And some state laws may differ between counties. Templates for Writing a Property Line Dispute Letter - Giambrone Law Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Communicatingvia letter, also provides both parties with a written record of the dispute. Neighbor's Encroachment Over Your Property Line - Porter Simon Must the encroachment over the boundary line be removed or may it legally remain in place? If the wall is on the right, then you must ask your neighbour. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. neighbour has screwed new fence posts to my garage on the boundary 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! There are two main areas when it comes to boundary line disputes. Boundary fences may be built by the municipality in some cases, especially in new developments. Boundaries and fences - South Australia If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . 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. Resolving conflicts involving trees on properties. Therefore, I would like to suggest a meeting at [location eg. Her hobbies include architecture, art, mental health, and fashion. Unless the tree is protected by a tree preservation order, you are allowed to: cut an overhanging branch back to the point where it enters your property. Usually there will be a clear demarcation of who owns which part of the land and boundaries. Click on a link to the section: The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. 892, 899 (Miss. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. However, in cases where your neighbor doesn . So, record your domain at the local courthouse. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. If I were you I'd just say 'OK, it's on the list' every time it's brought up and continue doing what I was going to do. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Although we disagree about this, we are neighbours andneed to resolve the problem. 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? They will update the public records as soon as possible. Or try to legally change the property lines if you cant settle the dispute. Or ask the court to help you change the parameters. 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. 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. Please note that Reddit automoderates posts by new accounts. Create an account to follow your favorite communities and start taking part in conversations. 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. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. Thus, they must show ownership of the property to remove fencing around it. My neighbours "stole" the expensive fence work I paid for. Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. My neighbour's fence blew down into my garden and they haven't removed 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. It depends on where you live. Your neighbor may be entitled to move your fence if it encroaches on their property. Texas does not have a specific state law that addresses boundary line fences. Lets examine what a boundary dispute is and how it can impact your life. You should take care not to cause unnecessary damage to the tree. Can My Neighbor Remove A Boundary Fence? - Upgraded Home 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. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. . I suspect were going to have to engage a surveyor to make that determination. 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. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. [v] Sanders v. Lefkovitz, 292 S.W. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. One of you OWNS the fence. We use a range of cookies to improve your experience of our site. 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 .