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. Civ. 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. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. Think Before You Remove That Hedge - Stephensons Solicitors LLP If yourown fence has seen better days, find out more about our. And they can also sue you if you dont take it down when they ask. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. 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]. But remember that fence posts should remain on your side of the property line. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. 12 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. Please note that Reddit automoderates posts by new accounts. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. jobs, [Add below paragraph if other options are viable]. My neighbour has moved the boundary fence on to my land. Is the replacement fence reasonably the same cost? Do I Need Planning Permission For a Fence? 1949). London Member since 20 Apr 2011 32 jobs, 97% positive feedback. If you're not splitting the cost, then let it stay until it's literally falling over. 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. 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. 1.2K Posts. Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. 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 ? So, confront them first in person or writing. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. 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. Removal or Destruction of Fences - Fences - USLegal 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. In some cases, yes, and in some cases, no. Boundary fences may be built by the municipality in some cases, especially in new developments. 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. Fencing Laws and Your Neighbors: FAQs - FindLaw 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. This is assuming the boundary fence lies directly on the property line. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. The standard for measuring damages for such removal or destruction is its value at the time. Either way, dont tamper with a property barrier until you establish the rightful owner. Then, keep detailed records of every decision you make. Glad it is all agreed and everything will be put in writing. Either way, don't let people touch or move your stuff . Can my Neighbour remove boundary fence? You can bring the matter up to your local municipality as fence laws are local ordinances. Property boundaries. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Can your neighbor legally do this? best to check with council planning department, Darlington Member since 7 Sep 2016 The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . In general, you should always build boundary fences with the panels facing outward along the border. Fence Building Law Basics for Homeowners - The Spruce 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. A boundary dispute arises when a neighbor believes their neighbor is infringing on their property by having an item or items placed on their property without their permission. Figure it out. The proof involves documentation of your property lines. Can a neighbor remove and replace the boundary line fence - Quora 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. This information will also be on your deeds. 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. My neighbour doesn't want me to remove diseased trees on my land In California, two inches from the property line is enough when building the fence. 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. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Please refer to our full affiliate disclosure policy for full details. 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. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Forcing a Neighbor to Remove an Ugly Fence . So, do your research before erecting a new one. Trees and Property Lines: 8 Things All Neighbors Should Know And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Any higher would have to have planning permission. My new neighbour has removed the fence along our shared boundary When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. You will want to know this regardless. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. You are physically removing something that you do not own, which is breaking the law in most areas. If they disagree, you can hire a lawyer to help convince them. 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. But if it rests in your neighbors yard, its their responsibility. We've just had about 9k of . A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. The location of a fence determines the jurisdiction of the court to determine the dispute. Boundary Rules And Neighbour Disputes. Neighbor's Encroachment Over Your Property Line - Porter Simon Dividing fences are a common cause of disputes between neighbours. 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. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. [Amended by 1981 c.897 30]. And you cant always knock down or move existing structures even if you own them. The boundary fence around your property belongs to the person who built it. If the boundary fence lies directly on the property line, then both parties are responsible for the fence, Responsibility can be assigned to only one party if there is a signed written agreement between both neighbors, One party is not allowed to remove or change the look of the fence without the permission of the other party, Causing permanent damage to your property and possibly your neighbors, Risking potential violent behavior from your neighbor. Expert: Catherine replied 2 years ago. Your responsibility as a fence owner. Maybe call the building department and ask them to look for a permit for a fence? Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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. I spoke with our neighbour this afternoon and we came to an agreement. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. 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. No Dig Vinyl Fence The white picket fence of your dreams, 2. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. I live at [address], next door and am concerned there is a potential threat to health and safety. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. But you cant establish the owner unless you can define the property lines. You are allowed to sell a property engaged in an ongoing boundary dispute but you should be aware that it may affect your property value and you may have to disclose the dispute to potential buyers. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. You must have JavaScript enabled in your browser to utilize the functionality of this website. That will only escalate the situation. Editor, Marcus Herbert. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Generally, a partition fence is built equally on both sides of the line. Fences are a part of the realty and become affixed to the land. Describe the violation. I understand that you may have been unaware of this issue before I broughtit to your attention. Anything can be agreed in a mediation. However, for negligent action on the part of the public authority, s/he can sue for damages. Old boundary fence becomes legal? If the wall is on the right, then you must ask your neighbour. How Long Does It Take To Install A Fence? Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. They can confront you to negotiate or consult law enforcement instead. 30 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.

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