If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. So, be sure to maintain the area around your property line. 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. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Besides, you should speak to your neighbor directly before you go to the police. Discuss your plans with your neighbour before you start putting . Then, the court can order you to move it, take it down, or find an alternative. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. Is It Legal to Have a Horse in Your Backyard? Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. To determine whether a fence is your responsibility or your neighbour's, the first thing you need to do is check where your boundary is. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Plus, they can sue if your fence is too high. What constitutes "use " varies by state. Is the old fence in need of replacement? After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Fences. Either way, dont let people touch or move your stuff without consent. 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 remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. 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. You will want to know this regardless. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. Spite Fences: . Usually, cities determine height limitations by the landscape and the traffic. Boundary fences are owned by both owners when both use the fence. Each county has different laws regarding property lines and boundary fences. Cookies Yes. However, knowing exactly where your property lines are can be difficult. If you are planning to remove a large . This is for trees that do not require a permit from the council. 1991). 05272398. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. So, they can't remove boundary fencing even if they don't like its location. 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. Your neighbor is not legally allowed to remove your boundary fence. That placement gives your lawn a sleek appearance and better curb appeal. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Let the county Assessor or Recorder know about the new deal. 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. If your neighbour owns the wall or fence. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Resolving conflicts involving trees on properties. Any higher would have to have planning permission. If you go down this route your neighbour should . [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Fences pass by a sale of the land as the soil [iii]. Fences are commonly involved in boundary disputes. Perhaps we could meet to discuss these options [next week/add relevant date]. But remember that fence posts should remain on your side of the property line. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. Step 1 - Talk to your neighbour. If neither neighbor put up the fence, then the ownership is shared. Make it clear in writing, you want this fence to stay. USLegal has the lenders!--Apply Now--. This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! In some cases, yes, and in some cases, no. you disabled cookies on this website - some functions will not operate as intended. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Then, keep detailed records of every decision you make. "neighbour has screwed new fence posts to my garage on the boundary". Depending on neighbors. Neighbor can't do anything about it. If you live in a neighborhood with an HOA look into their rules regarding fences as well. Have your neighbor agree to acknowledge your property right. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. Glad it is all agreed and everything will be put in writing. Sharing a boundary line with a neighbor can unfortunately lead to conflict. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Your neighbor may be entitled to move your fence if it encroaches on their property. Then you have to find out if your neighbors have any rights to the existing structure. Heres everything you need to know. It MIGHT say something about who has to maintain it. If you're not splitting the cost, then let it stay until it's literally falling over. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. If you do not obtain approval, then you may open yourself up to legal issues. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. 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. Create an account to follow your favorite communities and start taking part in conversations. 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. 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. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. You should take care not to cause unnecessary damage to the tree. Fences are not transitory, as personal estate. We were happy enough for them to do this and agreed verbally. Before you get the police involved, you should be a good neighbor and approach them with an open mind and let them know your concerns. 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. And what can you do if they violate your property lines? Hi I have 4 neighbours bordering the length of my back garden on one side. Good day . 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. One of you OWNS the fence. (Heres Whats Required). of Supervisors, 599 N.W.2d 460 (Iowa 1999). If your neighbours fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. But other factors can affect the rules as well. 30 Its not difficult. If your neighbors attach anything to your . If the fence is on your side of the property line, then the fence is yours. These will also determine what can be done as far as replacing or repairing a fence. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . If so, please would you take a look and arrange for the necessary work in order to make it safe? 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. jobs, A private individual cannot claim damages from the authorities for removal of encroached fence. I doubt this would qualify as a partition fence but I could be wrong. Describe the violation. On 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. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. In some states, the neighbors can claim your land if they prove you abandoned it. 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 . 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. Thank you. you agreed to accept cookies from this website - thank you. Boundary fences may be built by the municipality in some cases, especially in new developments. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Please note when writing your letter that if you want to sell or lease part of your land to your neighbour, you will need to gain permission from your mortgage provider. Every city has different rules regarding fences. They can insist. You really dont have any power when it comes to demanding your neighbor to put up a fence since they own their property and have the right to do what they want with it and what they dont want to do with it. 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. 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 ? Anything can be agreed in a mediation. jobs, In civil actions, the burden is upon the plaintiff, to prove the removal or damages. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. 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. 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. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Communicatingvia letter, also provides both parties with a written record of the dispute. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. By writing to your neighbour you can clearly set out your issues and explain why you are not in agreement, this can be difficult to achieve in face-to-face meetings as discussionscan get heated. 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. For more information or to arrange an appointment please fill in the form below. Just my two cents here, but do you know who owns the fence? I want to tell them to take thing down. It depends on where you live. And make sure your neighbors are maintaining their fences correctly. Of course, if the tree is not yours, please let me know, and I will contact the council. I'm just getting in touch regarding the [insert species if known] tree at [location]. 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 . tree trunks are growing on a boundary and are destroying the boundary fence; . You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. . The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Fences are a part of the realty and become affixed to the land. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. That will only escalate the situation. You can bring the matter up to your local municipality as fence laws are local ordinances. 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. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. 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. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. You could hit it with some restoring wash and then stain it and it would look almost new. 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. This is a complicated legal matter that we will try to make more straightforward for you. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. App. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. If you want to post a question it is best to do so with an established account, or it will not show up. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). Local authorities really are not too concerned about fencing issues. Although we disagree about this, we are neighbours andneed to resolve the problem. 32 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. But if that is a fence on the property line, they'll need your consent to proceed with the removal. Dividing fences are a common cause of disputes between neighbours. 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. Editor, Marcus Herbert. 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 My neighbour has planning permission for an extension. The Act does not deal with disputes about fences that are not on a boundary line. Stay civil. 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. Bono Construction. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. Therefore, I would like to suggest a meeting at [location eg. I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. Causing permanent damage to your property. 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 32 jobs, 97% positive feedback. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. However, they need to be able to prove this and then ask for your permission before they move the fence. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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. I objected to his extension and stated that under no circumstances could he take down the fence. Whatever the case, try to avoid heated arguments with the neighbors. Either way, dont tamper with a property barrier until you establish the rightful owner. Please refer to our full affiliate disclosure policy for full details. But, some common themes typically arise. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. And make sure the fence height is allowed in your neighborhood. Attach your survey or plat map highlighting the disputed area. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. Local laws differ regarding who owns a fence built on the property line. This post contains affiliate links from Amazon and other stores. I would be grateful if you would look into this as a matter of urgency. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Thank you for your cooperation on this matter. 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. feedback. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. But, you shouldnt go directly to just removing the fence. Boundary Rules And Neighbour Disputes. For example, . The Council acknowledged they were at fault and came up with the solution of building . By . 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. Are you able to meet up on [provide two possible days/times] to try and find a way forward? 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. Answered 3rd Jun 2016. It also suggests negative things about the neighbour who makes changes to a . Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Your Get free, zero-commitment quotes from pro contractors near you. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. There are some exceptions if the works are urgent or the adjoining owner cannot be located. If you want to have privacy, you will have to put up a fence on your side of the property. Each firm is independent of the others and regulated separately. Then, determine whos responsible for its placement and upkeep. You cannot force your neighbor to put up a fence. 1949). Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! Welcome to /r/Legal, a community for discussing legal topics. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. [ii] Trust v. Allamakee County Bd. Additionally, if you don't have a . Don't use this disagreement to vent months or years of anger at your neighbor. Your responsibility as a fence owner. 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. 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. Your property is on a corner and has more than one frontage. Terms and conditions (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. 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 . 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. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 4 /9. That way, you can sue nasty neighbors who try to tamper with your stuff. Can a neighbor remove your boundary fence without permission? You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Next contact your city for any ordinances pertaining to the placement of fences. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Your rights are to use your property up to but not over the boundary line. Re: Encroachment of [fence/hedge/other encroachment] onmy land. Please note that Reddit automoderates posts by new accounts. 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. 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. Laws about boundary fences can change based on where you live. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. The best way to settle a boundary dispute is to talk to your neighbor first. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. First off get a surveyor to find the exact property line. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. Civ. 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. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. 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). Ct. App. 2d 79, 81 (La. Zippity Vinyl Fence Perfect for adding some style to your yard. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. You have the legal right to remove the fence that is encroaching on your property but it is not necessarily recommended since it may result in some negative consequences. 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 . However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. 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. Your neighbor is not legally allowed to remove your boundary fence. This fence you have looks fine. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. 100% positive And you have to check local records to determine the owner in those cases. I am keen to settlethis issue - as I am sure you are too.