There are some exceptions if the works are urgent or the adjoining owner cannot be located. I suspect were going to have to engage a surveyor to make that determination. 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. First of all, establish who is responsible for the fence on theboundary in question. But you cant establish the owner unless you can define the property lines. Press J to jump to the feed. The standard for measuring damages for such removal or destruction is its value at the time. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. 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. the reasonable value of the fence as an enclosure at the time of its removal. My neighbour has just built an extension. We've just had about 9k of . So, look up public records to find out. These will also determine what can be done as far as replacing or repairing a fence. There you have it - the common laws around trees and garden boundaries. Fences. The Act does not deal with disputes about fences that are not on a boundary line. - If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. 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. I am keen to resolve this situation quickly and amicably. Between 2 to 8 inches. 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. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. Please get in contact with us either by calling the number below or emailing us. Well only use this information to handle your enquiry and we wont share it with any third parties. So, be sure to check your local laws for more information. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Some states define use as occupancy - such as using the land up to the fence . But remember that fence posts should remain on your side of the property line. They must follow the appropriate channels to get you to take it down. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? you disabled cookies on this website - some functions will not operate as intended. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Press question mark to learn the rest of the keyboard shortcuts. [Add below paragraph if other options are viable]. Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. And what can you do if they violate your property lines? 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. Please note that Reddit automoderates posts by new accounts. Then, keep detailed records of every decision you make. [ii] Trust v. Allamakee County Bd. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. This is for trees that do not require a permit from the council. 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. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. Whatever the case, try to avoid heated arguments with the neighbors. We use a range of cookies to improve your experience of our site. Stay civil. 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. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. I am keen to resolve this issue amicably and as quickly as possible. 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. In one instance, you may have an issue over where the boundary line of the property actually sits. link to How To Organize A Bathroom Closet. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. Welcome to /r/Legal, a community for discussing legal topics. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. 2 June 2015 at 10:22AM. A polite clarification might be all that is needed to . In the absence of mention of the hedge or boundary measurements in the titles of either property a Court is likely to assume that a line drawn through the centre of the base of the hedge represents the boundary; thus the hedge is joint property and cannot unilaterally be removed. Either way, don't let people touch or move your stuff . Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. 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. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 892, 899 (Miss. 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. The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. Must the encroachment over the boundary line be removed or may it legally remain in place? Thank you for your cooperation on this matter. It is not likely that you will face any jail time. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. [choose one of the below or offer a choice to your neighbour], - Please would you move your [fence/hedge/other encroachment], [number] metres/centimetres, so that it is no longer on my property, - Please consider this letter written permission for you to "borrow" this strip of land. Generally, a partition fence is built equally on both sides of the line. Your neighbor is not legally allowed to remove your boundary fence. 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. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? It is more the dam cheak than anything else. If yourown fence has seen better days, find out more about our fence repair services. This can beuseful should the matter have to be resolved before acourt in the future. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. It also suggests negative things about the neighbour who makes changes to a . Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. If this isnt successful and you and your neighbour cannot come to an agreement, there may be no alternative than totake legal action and commence court proceedings. The neighbors have to prove to the courts that your fence causes problems in the community. 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. Click on a link to the section: A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. The location of a fence determines the jurisdiction of the court to determine the dispute. This notice has to be served at least 21 days before submitting a planning application. If you're in an argument with a neighbor over a property issue, follow these steps: 1. The legal position with regards to boundary and fence disputes, and how neighbours can often solve the problems themselves without having to resort to expensive legal action. 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. Fences are a part of the realty and become affixed to the land. We will pay for the fence and retain ownership, responsibilities for repair etc. 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. Local authorities really are not too concerned about fencing issues. 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. If you are planning to remove a large . Spite Fences: . Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. 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. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. 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. This evidence should hold up in court above everything else. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. And give the neighbors some logical reasons for the alteration. Fences and trees along the property line can easily give rise to disagreements. Or try to legally change the property lines if you cant settle the dispute. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. - Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. They can insist. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. What To Do With Old Fence Posts (Heres What You Can Do). 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. If the wall is on the right, then you must ask your neighbour. Ready to change the property lines around your house? Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Establish the property lines instead. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Fence erected inside boundary line. What constitutes "use " varies by state. 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 . Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . And they can also sue you if you dont take it down when they ask. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. 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. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. Neighbors must take you to court to dispute the fence placement. Thanks for your answers. 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. Our website uses cookies. About 50% of the fence now has trenches under . The location of a fence determines the jurisdiction of the court to determine the dispute. 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. That will only escalate the situation. If the structure is on your side of the line, it belongs to you. 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 . You dont have to stand by as your next-door neighbor ruins your fencing. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. There would now be two fences along the boundary. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Resolving conflicts involving trees on properties. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. Dividing fences are a common cause of disputes between neighbours. Ask them to split the cost of a survey to see whose property it sits on. 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. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. 12 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. 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. But hire a lawyer for more information. 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. You could also call an inspector out and ask if they recommend a repair or replacement. [Amended by 1981 c.897 30]. We often link to other websites, but we can't be responsible for their content. Letter templates for resolving property line disputes. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. Do I Need Planning Permission For a Fence? The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. So, record your domain at the local courthouse. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. 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? 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. 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. 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. 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. It has really helped clarify the situation. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. If you do not obtain approval, then you may open yourself up to legal issues. Each county has different laws regarding property lines and boundary fences. [iv] Miller v. Leonard, 588 So. However, this matter can be tricky to navigate so we . It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. In a lot of states a boundary fence is the responsibility of both neighbors. A partition fence is the joint property of adjacent landowners. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). You are physically removing something that you do not own, which is breaking the law in most areas. Lets examine what a boundary dispute is and how it can impact your life. Plus, they can sue if your fence is too high. 1927). You can't make changes to your side without their permission, such as painting it. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. How to Stop Your Neighbors Dog From Digging Under Your Fence. If the fence is on your side of the property line, then the fence is yours. And the deal is good until someone changes it. 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. 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. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. 32 I'm just getting in touch regarding the [insert species if known] tree at [location]. Local fence laws work on the assumption that boundary fences benefit both property . 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. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. 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. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. 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. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. 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. A survey is the only way to sort it out. Is It Illegal to Walk Through a Gated Community? Just my two cents here, but do you know who owns the fence? 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. 2. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 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 Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council on board and I am sure they will back you up. 596, 598 (Tex. Yes. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. 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. Anything can be agreed in a mediation. Either way, dont let people touch or move your stuff without consent. 2d 79, 81 (La. Editor, Marcus Herbert. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Other places may view the fence as the joint property of both neighbors. Describe the violation. Boundary fences are supposed to help separate properties and eliminate disputes. 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. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. JavaScript seems to be disabled in your browser. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Fences are not transitory, as personal estate. 1991). Don't use this disagreement to vent months or years of anger at your neighbor. My neighbour has planning permission for an extension. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Neighbor can't do anything about it. Terms and conditions But, in some cases, your neighbor will not be so friendly.