That, my friends, is the question. 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. [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. 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. best to check with council planning department. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. 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. Welcome to /r/Legal, a community for discussing legal topics. the reasonable value of the fence as an enclosure at the time of its removal. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. You can both try to be sensitive. 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. Click on a link to the section: Trentwood Fencing Ltd 2022| Built by Kontrolit. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. 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. So, be sure to maintain the area around your property line. For example, most places say your structure cant exceed a certain height. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. Forcing a Neighbor to Remove an Ugly Fence . Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Neighbour has removed my boundary fence - MyBuilder If the structure is on your side of the line, it belongs to you. 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. Maybe call the building department and ask them to look for a permit for a fence? The public authority is empowered to remove fences encroaching a public street or highway[ii]. You can use the contract in court because its legally binding. Your neighbor is not legally allowed to remove your boundary fence. Do I Need Planning Permission For a Fence? Neighbors must take you to court to dispute the fence placement. Fencing law - Consumer NZ 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. Expert: Catherine replied 2 years ago. However, these deeds typically dont mention any structures, such as fences. [Amended by 1981 c.897 30]. And you have to check local records to determine the owner in those cases. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. If the wall or fence seems dangerous, point this out because your neighbour might not be . Are you able to meet up on [provide two possible days/times] to try and find a way forward? If your neighbor initially built the fence, then they are legally allowed to remove the fence. 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. Our website uses cookies. London Member since 20 Apr 2011 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 latters field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. 1.2K Posts. If your neighbour owns the wall or fence. Please note that Reddit automoderates posts by new accounts. My neighbour has planning permission for an extension. 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. Therefore, I would like to suggest a meeting at [location eg. If so, please would you take a look and arrange for the necessary work in order to make it safe? And they can also sue you if you dont take it down when they ask. They have plants growing over the fence on their side. Either way, dont tamper with a property barrier until you establish the rightful owner. I am keen to resolve this issue amicably and as quickly as possible. If yourown fence has seen better days, find out more about our fence repair services. You cannot force your neighbor to put up a fence. What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal Sitemap Generally, neighbours contribute equally. Boundaries and fences - South Australia Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle Can A Neighbor Attach Something To My Fence? - Upgraded Home Neighbour has replaced our boundary fence | Mumsnet This is for trees that do not require a permit from the council. 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. Don't use this disagreement to vent months or years of anger at your neighbor. Establishing Rights Over Fences & 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 . Is it technically on the edge of your property and, therefore, belongs entirely to you? And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. And what can you do if they violate your property lines? The neighbors don't have the right to tamper with your private property. DID YOU KNOW: Some communities restrict the type of fencing you can use. Communicatingvia letter, also provides both parties with a written record of the dispute. This case shows the importance of checking your legal position before you remove any boundary . feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. dig up the root and cut a tree root back to the boundary or fence line of your property. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. Besides, you should speak to your neighbor directly before you go to the police. Neighbours Who Won't Fix Their Fence. What Can You Do? Thus, they must show ownership of the property to remove fencing around it. The boundary fence around your property belongs to the person who built it. Thats because you have rights as the homeowner. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. Get a surveyor to check and see if the fence is on the easement of the property. Her hobbies include architecture, art, mental health, and fashion. 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. 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. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. I want to tell them to take thing down. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. Fences are not transitory, as personal estate. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay Local laws differ regarding who owns a fence built on the property line. Can My Neighbor Remove A Boundary Fence? - Upgraded Home 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]. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. If the tree is not yours, do you know who is responsible? You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. The issue is whether it needs to be repaired or replaced and thats the matter being debated. feedback. [v] Sanders v. Lefkovitz, 292 S.W. I objected to his extension and stated that under no circumstances could he take down the fence. In this case, the boundary fence belongs to both of you. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. Whatever the case, try to avoid heated arguments with the neighbors. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. 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. Choosing the Best Type of Fence for Your Garden. 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 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 . 2d 79, 81 (La. To put the fence on the boundary would mean digging the rockery up as it straddles the boundary with UPDATE - Thanks for the advice guys! Generally, a partition fence is built equally on both sides of the line. 04/03/2016 18:32, Thanks so much for all the replies. 4 /9. In one instance, you may have anissue over where the boundary line of the property actually sits. Please let me know if you are able to attend. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge 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. 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. 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. Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger Other places may view the fence as the joint property of both neighbors. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. In this case, both neighbors have the right to the fence. We dont have a weed issue. My neighbour's fence blew down into my garden and they haven't removed Fence issue. My neighbor has asked us to pay to remove the boundary I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. And make sure your neighbors are maintaining their fences correctly. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . 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. Dividing fences and other boundary issues | Legal Aid WA 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. 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. If you want to post a question it is best to do so with an established account, or it will not show up. What To Do With Old Fence Posts (Heres What You Can Do). The Council acknowledged they were at fault and came up with the solution of building . There is no party wall agreement between us and they did not ask for permission. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. 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. 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. That person makes the rules. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Rules about private fencing can vary from state to state. 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. Local authorities really are not too concerned about fencing issues. 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 ? Have your neighbor agree to acknowledge your property right. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. Would you be annoyed if your neighbour removed a boundary garden hedge The owner of the fence is always responsible for fixing it. Fencing not erected along boundary - MyBuilder This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Thank you. Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. And you cant always knock down or move existing structures even if you own them. Your rights are to use your property up to but not over the boundary line. Stay civil. But remember that fence posts should remain on your side of the property line. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence.
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