Your neighbor may be entitled to move your fence if it encroaches on their property. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. jobs, 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. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). And give the neighbors some logical reasons for the alteration. Local laws differ regarding who owns a fence built on the property line. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. 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. Or see if your landlord can give you more information. Well only use this information to handle your enquiry and we wont share it with any third parties. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. 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. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. 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. Registered in England No. Its not difficult. Your rights are to use your property up to but not over the boundary line. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. But other factors can affect the rules as well. But if that is a fence on the property line, they'll need your consent to proceed with the removal. But remember that fence posts should remain on your side of the property line. However, in cases where your neighbor doesn . Boundary disputes involve your neighbor using your property without your consent. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? [v] Sanders v. Lefkovitz, 292 S.W. Worked at a fence company for 10+ years. 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. What do I do if my letter doesnt solve the dispute? Attach your survey or plat map highlighting the disputed area. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. If the property is rented or council-owned enquire with them if your neighbour has removed or . In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. 1927). 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 first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. So, be sure to check your local laws for more information. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Boundary fences can cause much dispute and debate between neighbours. This can beuseful should the matter have to be resolved before acourt in the future. However, illegal fencing doesnt give people the right to remove it without notice. Does the tree belong to you? These will also determine what can be done as far as replacing or repairing a fence. Please let me know if you are able to attend. Communicatingvia letter, also provides both parties with a written record of the dispute. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. 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. A polite clarification might be all that is needed to . "neighbour has screwed new fence posts to my garage on the boundary". 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. In one instance, you may have anissue over where the boundary line of the property actually sits. Yes. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. link to What Kind Of Paint For Garage Walls. In one instance, you may have an issue over where the boundary line of the property actually sits. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Lets examine what a boundary dispute is and how it can impact your life. 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. That way, you can sue nasty neighbors who try to tamper with your stuff. In general, you should always build boundary fences with the panels facing outward along the border. You must have JavaScript enabled in your browser to utilize the functionality of this website. 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. 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. This is a complicated legal matter that we will try to make more straightforward for you. . Forcing a Neighbor to Remove an Ugly Fence . You can bring the matter up to your local municipality as fence laws are local ordinances. Can a Neighbour remove a boundary fence? Laws about boundary fences can change based on where you live. 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. 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. My Neighbour's Hedge Is Overgrown. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. In some areas, the fence remains the property of whomever paid to install and maintain it. 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. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. Create an account to follow your favorite communities and start taking part in conversations. But you might be struggling to figure out what kind of paint to use on garage walls. Fences pass by a sale of the land as the soil[iii]. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Either way, don't let people touch or move your stuff . Removing your neighbors fence is illegal if you do not obtain their permission. 05272398. I understand that you may have been unaware of this issue before I broughtit to your attention. My neighbour has moved our boundary fence without consulting with me and has erected a small fence in its place.This has been our boundary for 37 years and is constructed of a privet hedge. Discuss your plans with your neighbour before you start putting . If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. 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. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. My neighbour has just built an extension. Dont forget to check for any easements that may run through your property across the fence line. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . 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. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. In this case, the neighbour would therefore have to be served notice as the extension affects their property. So, record your domain at the local courthouse. Letter templates for resolving property line disputes. Thats because you could get in trouble for vandalism or trespassing if youre not careful. Ct. App. You will want to know this regardless. The location of a fence determines the jurisdiction of the court to determine the dispute. That neighbor may have the right to modify the fence or remove it entirely. Also think about whether it's safe to cut back the roots. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. I would be grateful if you would look into this as a matter of urgency. Today at 9:15AM. Can a neighbor remove your boundary fence without permission? On We just cant afford it to be honest. 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. There are two main areas when it comes to boundary line disputes. Answered 3rd Jun 2016. 1956). The Act does not deal with disputes about fences that are not on a boundary line. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. And, if you tell him not to, Neighbor cannot come onto your property without y. 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). Boundary Rules And Neighbour Disputes. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to 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. But, some common themes typically arise. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. So, work toward peaceful living by utilizing the legal system. I doubt this would qualify as a partition fence but I could be wrong. 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. And you have to check local records to determine the owner in those cases. Good day . Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. If the tree is not yours, do you know who is responsible? 04/03/2016 18:32, Thanks so much for all the replies. 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. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. The neighbours can agree on their contribution, or have this decided by an arbitrator. Please refer to our full affiliate disclosure policy for full details. If you are planning to remove a large . Bathroom closets are often catch-alls for anything and everything remotely related to self-care. The owner of the fence is always responsible for fixing it. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. 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. Perhaps we could meet to discuss these options [next week/add relevant date]. In some states, the neighbors can claim your land if they prove you abandoned it. You can't make changes to your side without their permission, such as painting it. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Thats because you have rights as the homeowner. Section62 Forumite. Thus, they must show ownership of the property to remove fencing around it. Or they can argue that your structure encroaches on their land. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. However, these deeds typically dont mention any structures, such as fences. In Washington state, the law addresses in detail the rights and responsibilities . Her hobbies include architecture, art, mental health, and fashion. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. 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. And they can also sue you if you dont take it down when they ask. Is the old fence in need of replacement? In addition, if you have neighbours whose garden backs onto to the rear of yours, you may needto find out who is responsible for any fence on this boundary, too. 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. Press J to jump to the feed. 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. - I am willing to sell the encroached land to you for a price agreed by an external surveyor.
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