We store towels, medicine, toiletry supplies, first-aid gear, massage devices, facial steamers, spare Painting your garage is a great way to improve the look of the space and make the walls easier to clean. And what can you do if they violate your property lines? 1949). If you want to have privacy, you will have to put up a fence on your side of the property. Why send a letter to settle a property line dispute? That, my friends, is the question. I doubt this would qualify as a partition fence but I could be wrong. In some areas, the fence remains the property of whomever paid to install and maintain it. Local laws differ regarding who owns a fence built on the property line. Whatever the case, try to avoid heated arguments with the neighbors. Local authorities really are not too concerned about fencing issues. 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. 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. 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. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. So now comes the tricky part of figuring out if the boundary fence is indeed a boundary fence or if it actually belongs to you or your neighbor. Are you able to meet up on [provide two possible days/times] to try and find a way forward? I suspect were going to have to engage a surveyor to make that determination. 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. Please let us know how you heard about us, Administrative Law, Public Sector and Procurements, Private Client Services: Inheritance, Wills and Trusts, Trust, Inheritance and Succession Disputes, Property line disputes: letter templates to resolve issues. 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). A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. 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. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. Falling out with them is likely to prove even more stressful; pursuing legal channels is only really an option when your neighbours fence is causing a safety hazard. Make it clear in writing, you want this fence to stay. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. A building on the boundary is not considered a fence. But other factors can affect the rules as well. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. 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 ? Your neighbor is not legally allowed to remove your boundary fence. That person makes the rules. In order for your neighbor to remove your boundary fence, they would have had to receive your permission first before they took down the fence, especially if you both signed a written agreement to share the responsibility of the fence. We've just had about 9k of . If they disagree, you can hire a lawyer to help convince them. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. So, confront them first in person or writing. Thats because you have rights as the homeowner. Trentwood Fencing Ltd 2022| Built by Kontrolit. 04/03/2016 18:32, Thanks so much for all the replies. Attach your survey or plat map highlighting the disputed area. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. This case shows the importance of checking your legal position before you remove any boundary . Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. But, you shouldnt go directly to just removing the fence. Or your neighbour might offer you some cash to leave it where it is. They have plants growing over the fence on their side. martinsurrey Forumite. Old boundary fence becomes legal? If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 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. Can my Neighbour remove boundary fence? A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 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 . Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. My neighbour has planning permission for an extension. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . . If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. If they wont do that pay for it yourself. 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. This can be done by you, but you would need a plot map and you would have to locate the property pin. However, in cases where your neighbor doesn . - What happens when one of those neighbors decides they want to remove a boundary fence though? But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. Such person is considered a tortfeasor. You might also enjoy our post on Can My Neighbor Move My Fence? Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. 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 . This is a complicated legal matter that we will try to make more straightforward for you. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. Neighbor can't do anything about it. Convenient, Affordable Legal Help - Because We Care! I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. Cookies We were happy enough for them to do this and agreed verbally. 30 Bankruptcy isn't the worst that can happen to you. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. It has really helped clarify the situation. 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. You can do several things if a neighbor refuses to fix their broken fence. Plus, they can sue if your fence is too high. 3.4K Posts. So, do your research before erecting a new one. 2. Its not difficult. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. Or they can argue that your structure encroaches on their land. Local fence laws work on the assumption that boundary fences benefit both property . Yourletter about yourdispute can be written in formal or informal terms. I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. 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. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. Generally, neighbours contribute equally. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Either way, dont tamper with a property barrier until you establish the rightful owner. 4 /9. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. Every city has different rules regarding fences. I had a fence that got blown over in a hurricane. If the tree is not yours, do you know who is responsible? Generally, a partition fence is built equally on both sides of the line. 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. Yes. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. For example, the neighbor's hedge or fence is encroaching on your property. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. It depends on where you live. Press question mark to learn the rest of the keyboard shortcuts. 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. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. And you cant always knock down or move existing structures even if you own them. In California, two inches from the property line is enough when building the fence. The proof involves documentation of your property lines. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). My neighbour has moved the boundary fence on to my land. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. If you want to post a question it is best to do so with an established account, or it will not show up. And make sure the fence height is allowed in your neighborhood. Can a neighbor remove your boundary fence without permission? This post contains affiliate links from Amazon and other stores. You can both try to be sensitive. The location of a fence determines the jurisdiction of the court to determine the dispute. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Is it technically on the edge of your property and, therefore, belongs entirely to you? You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. If the wall is on the right, then you must ask your neighbour. Shes a copywriter and editor for several home renovation companies in the U.S. and works alongside some of the biggest names in the industry. What constitutes "use " varies by state. We often link to other websites, but we can't be responsible for their content. 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. But you cant establish the owner unless you can define the property lines. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. Specify a reasonable period in which the neighbor should fix the encroachment, for . Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Often hedges, fences or trees can encroach on a property line. JavaScript seems to be disabled in your browser. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. the reasonable value of the fence as an enclosure at the time of its removal. Re: Potential [insert species if known] tree issue. If you go down this route your neighbour should . Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. - [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. 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. This information will also be on your deeds. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. you agreed to accept cookies from this website - thank you. In this case, the boundary fence belongs to both of you. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). You will want to know this regardless. Stay civil. Hi I have 4 neighbours bordering the length of my back garden on one side. I dont believe either of us can with certainty. best to check with council planning department. I live at [address], next door and am concerned there is a potential threat to health and safety. Or, you could do a land swap. Neighbors must take you to court to dispute the fence placement. 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. You can suggest to your neighbor that they sell the piece of land in question to you. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. We just cant afford it to be honest. About 50% of the fence now has trenches under . Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. In Washington state, the law addresses in detail the rights and responsibilities . 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. If the boundary fence lies directly on the property line, then both parties are responsible for the fence, Responsibility can be assigned to only one party if there is a signed written agreement between both neighbors, One party is not allowed to remove or change the look of the fence without the permission of the other party, Causing permanent damage to your property and possibly your neighbors, Risking potential violent behavior from your neighbor. As for painting the fence I cannot see a problem at all . Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. [ii] Trust v. Allamakee County Bd. Perhaps we could meet to discuss these options [next week/add relevant date]. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. 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. Ready to change the property lines around your house? The public authority is empowered to remove fences encroaching a public street or highway[ii]. In some cases, yes, and in some cases, no. And make sure your neighbors are maintaining their fences correctly. But, in some cases, your neighbor will not be so friendly. Fences. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Dividing fences are a common cause of disputes between neighbours. 1991). The Council acknowledged they were at fault and came up with the solution of building . Don't use this disagreement to vent months or years of anger at your neighbor. By continuing to use the site, you agree to our use of these cookies. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. 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. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. Letter templates for resolving property line disputes. 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. What do I do if my letter doesnt solve the dispute? Ask them to split the cost of a survey to see whose property it sits on. 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. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. 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. Dont forget to check for any easements that may run through your property across the fence line. This is assuming the boundary fence lies directly 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. So, they cant remove boundary fencing even if they dont like its location. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. Whichever neighbor owns the boundary fence is responsible for it. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. There you have it - the common laws around trees and garden boundaries. That way, you can sue nasty neighbors who try to tamper with your stuff. The construction of a fence into a street or highway is considered a nuisance. VAT Number 990 1088 14 | Company Number 8513999 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. However, this matter can be tricky to navigate so we . . Editor, Marcus Herbert. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. The best way to settle a boundary dispute is to talk to your neighbor first. The value is determined by replacement costs minus depreciation for age and use. Before you erect any fence, you should confirm your exact property boundary lines. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. In one instance, you may have anissue over where the boundary line of the property actually sits. [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. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. In some states, the neighbors can claim your land if they prove you abandoned it. Create an account to follow your favorite communities and start taking part in conversations. However, if your neighbor put up a fence that is landing on your side of the property line, then you do have a small right to the fence. Thank you for your cooperation on this matter. You cannot force your neighbor to put up a fence. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Stop fussing with the neighbors over the boundary fence. I look forward to seeing you on [date]. [Add below paragraph if other options are viable]. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. If yourown fence has seen better days, find out more about our fence repair services. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the .