I doubt this would qualify as a partition fence but I could be wrong. If the fence is on your side of the property line, then the fence is yours. Your rights are to use your property up to but not over the boundary line. Can i remove a fence encroaching on my property? The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. Fencing law in Victoria | Department of Justice and Community Safety However, for negligent action on the part of the public authority, s/he can sue for damages. Fence issue. My neighbor has asked us to pay to remove the boundary What Can You Do When Your Neighbor's Fence is on Your Property? Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes Or they can argue that your structure encroaches on their land. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Neighbour replaced fence without asking me! - netmums.com Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. Or try to legally change the property lines if you cant settle the dispute. How to Stop Your Neighbors Dog From Digging Under Your Fence. Worked at a fence company for 10+ years. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Get a surveyor to check and see if the fence is on the easement of the property. Fences pass by a sale of the land as the soil[iii]. In this case, the neighbour would therefore have to be served notice as the extension affects their property. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Let the county Assessor or Recorder know about the new deal. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Next contact your city for any ordinances pertaining to the placement of fences. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. On the reasonable value of the fence as an enclosure at the time of its removal. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. JavaScript seems to be disabled in your browser. Either way, don't let people touch or move your stuff . 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. jobs, Generally, a partition fence is built equally on both sides of the line. There would now be two fences along the boundary. 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. Thank you. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. 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. - 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. Thats because you have rights as the homeowner. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor's inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. (Heres Whats Required). a local cafe or other neutral space] on [date] at [time]. I've attached a copy of my survey/plat map to illustrate this. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). The value is determined by replacement costs minus depreciation for age and use. 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. [ii] Trust v. Allamakee County Bd. Create an account to follow your favorite communities and start taking part in conversations. This case shows the importance of checking your legal position before you remove any boundary . It MIGHT say something about who has to maintain it. Your property is on a corner and has more than one frontage. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. 83% positive Can my Neighbour remove boundary fence? That, my friends, is the question. Ct. App. Our website uses cookies. Press question mark to learn the rest of the keyboard shortcuts. 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. 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. So, work toward peaceful living by utilizing the legal system. 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. That neighbor may have the right to modify the fence or remove it entirely. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Either way, dont tamper with a property barrier until you establish the rightful owner. My fence needs . Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. Privacy notice In this case, the boundary fence belongs to both of you. So, always check the local regulations first. 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. Common Laws Around Trees and Garden Boundaries 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. This post contains affiliate links from Amazon and other stores. 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. I just want to know if I can legally remove the screws his has put in to my property. Before you erect any fence, you should confirm your exact property boundary lines. Other places may view the fence as the joint property of both neighbors. Expert: Catherine replied 2 years ago. Think Before You Remove That Hedge - Stephensons Solicitors LLP In general, cities prohibit fencing that obstructs the view or slows traffic flow. jobs, But, you shouldnt go directly to just removing the fence. Her hobbies include architecture, art, mental health, and fashion. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. 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. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. If they ignore your requests or neglect your lawful warnings, you can sue them in court. 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. Each county has different laws regarding property lines and boundary fences. Fence wars: When things get nasty in the suburbs | Stuff.co.nz 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. best to check with council planning department. You might agree an alternative route for the fence. It also suggests negative things about the neighbour who makes changes to a . However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Resolving conflicts involving trees on properties. Boundary fences may be built by the municipality in some cases, especially in new developments. The owner of the fence is always responsible for fixing it. They can insist. Spite Fences: . This is assuming the boundary fence lies directly on the property line. They have plants growing over the fence on their side. Yes. My neighbour has moved our boundary fence without consulting Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. 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. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. Fencing Laws and Your Neighbors: FAQs - FindLaw We will pay for the fence and retain ownership, responsibilities for repair etc. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Then, determine whos responsible for its placement and upkeep. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Neighbour's Fence On My Land - Property Disputes But hire a lawyer for more information. And, if you tell him not to, Neighbor cannot come onto your property without y. 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! If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. . Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. Terms and conditions The public authority is empowered to remove fences encroaching a public street or highway[ii]. If yourown fence has seen better days, find out more about our fence repair services. Press J to jump to the feed. There you have it - the common laws around trees and garden boundaries. 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 . Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. How soon am I likely to get the answer. You dont have to stand by as your next-door neighbor ruins your fencing. Bono Construction. In some areas, the fence remains the property of whomever paid to install and maintain it. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . (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. Choosing the Best Type of Fence for Your Garden. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. Rules about private fencing can vary from state to state. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. Oregon law has specific provisions for such and while we dont debate that the fence needs maintenance, we do contest that it needs to be replaced in full. Your neighbor is not legally allowed to remove your boundary fence. Thanks for your answers. Then, youll receive notice in the mail confirming the change. Causing permanent damage to your property. So, they cant remove boundary fencing even if they dont like its location. 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. 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. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. The neighbor who erected and obtained the permit for the fence owns it. However, in cases where your neighbor doesn . Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? 100% positive There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. Removing your neighbors fence is illegal if you do not obtain their permission. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. If the wall or fence seems dangerous, point this out because your neighbour might not be . For example, most places say your structure cant exceed a certain height. I am keen to settlethis issue - as I am sure you are too. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. But what happens when fencing becomes the source of a dispute? A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. If you live in a neighborhood with an HOA look into their rules regarding fences as well. In this case, the boundary fence belongs to both of you. 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. If you want to post a question it is best to do so with an established account, or it will not show up. Cookies 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]. Can My Neighbor Remove Our Boundary Fence Legally? - Yard Blogger We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. A polite clarification might be all that is needed to . link to How To Organize A Bathroom Closet. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. And you cant always knock down or move existing structures even if you own them. 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. 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 ? The proof involves documentation of your property lines. Try to be fair. And they can also sue you if you dont take it down when they ask. In California, two inches from the property line is enough when building the fence. Sharing a boundary line with a neighbor can unfortunately lead to conflict. . In this situation, you really need to choose your battles wisely. If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. Welcome to /r/Legal, a community for discussing legal topics. And what can you do if they violate your property lines? - Stay Legal with These Must-Know California Fence Laws! - Home Garden Guides 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 the fence is on the right and not on/in your property line, then your neighbours hold responsibility. 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. 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. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. Laws about boundary fences can change based on where you live. . Answer. You can't make changes to your side without their permission, such as painting it. Click on a link to the section: 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. [Amended by 1981 c.897 30]. Discuss your plans with your neighbour before you start putting . You also cant cause a nuisance with your fence or put the neighbors in danger. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. you disabled cookies on this website - some functions will not operate as intended. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. In deciding the amount of damages, the court must consider: However in calculating damages, the depreciation which the old fence had suffered due to age and use can be deducted. One of you OWNS the fence. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Local laws differ regarding who owns a fence built on the property line. And you have to check local records to determine the owner in those cases. What happens when one of those neighbors decides they want to remove a boundary fence though? They can confront you to negotiate or consult law enforcement instead. How Long Does It Take To Install A Fence? This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. If you're not splitting the cost, then let it stay until it's literally falling over. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). Property Line and Fence Laws in Washington - FindLaw My neighbour has taken part of my garden. What can I do? The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. 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. Trentwood Fencing Ltd 2022| Built by Kontrolit. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. 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. 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. I look forward to seeing you on [date]. By continuing to use the site, you agree to our use of these cookies. Can my neighbour remove the hedge? - Saga 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. 1.2K Posts. Would you be annoyed if your neighbour removed a boundary garden hedge - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Some states define use as occupancy - such as using the land up to the fence . On Neighbours Who Won't Fix Their Fence. What Can You Do? 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. To comment on this thread you need to create a Mumsnet account. We were happy enough for them to do this and agreed verbally. Browse USLegal Forms largest database of85k state and industry-specific legal forms. My neighbour's fence blew down into my garden and they haven't removed Neighbour is taking down MY fence! MoneySavingExpert Forum Dont forget to check for any easements that may run through your property across the fence line. The Council acknowledged they were at fault and came up with the solution of building . I am keen to resolve this situation quickly and amicably. Thus, they must show ownership of the property to remove fencing around it. This notice has to be served at least 21 days before submitting a planning application. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. This means Yard Blogger may earn a commission if you make a purchase using any of our links. So, they can't remove boundary fencing even if they don't like its location. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. My new neighbour has removed the fence along our shared boundary Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Editor, Marcus Herbert. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. You will want to know this regardless. 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. Knowing the rules and regulations for fences on boundary lines can help keep the peace. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. Still can't believe we didn't discuss this properly before work commenced. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. 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. I spoke with our neighbour this afternoon and we came to an agreement. Dividing fences and other boundary issues | Legal Aid WA Your neighbors can remove fencing if it impedes their yard. Stay civil. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. 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 . Tree Disputes #6 An overview of the Law in Australia - Lexology You should take care not to cause unnecessary damage to the tree. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Are you able to meet up on [provide two possible days/times] to try and find a way forward? When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther.