Lets examine what a boundary dispute is and how it can impact your life. By continuing to use the site, you agree to our use of these cookies. Answered 3rd Jun 2016. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. And the deal is good until someone changes it. Unless the tree is protected by a tree preservation order, you are allowed to: cut an overhanging branch back to the point where it enters your property. 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. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. 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. Establish the property lines instead. No Dig Vinyl Fence The white picket fence of your dreams, 2. 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. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence . There are some exceptions if the works are urgent or the adjoining owner cannot be located. I objected to his extension and stated that under no circumstances could he take down the fence. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. I doubt this would qualify as a partition fence but I could be wrong. How Long Does It Take To Install A Fence? 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. jobs, The hedge has been there since the 1930s. However, this matter can be tricky to navigate so we . Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. A building on the boundary is not considered a fence. My neighbour has moved the boundary fence on to my land. I had a fence that got blown over in a hurricane. Please note that Reddit automoderates posts by new accounts. In this case, both neighbors have the right to the fence. A survey is the only way to sort it out. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. 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. Glad it is all agreed and everything will be put in writing. 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. Some states define use as occupancy - such as using the land up to the fence . 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. dig up the root and cut a tree root back to the boundary or fence line of your property. 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. However, illegal fencing doesnt give people the right to remove it without notice. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. Fences are not transitory, as personal estate. 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. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. The standard for measuring damages for such removal or destruction is its value at the time. You might agree an alternative route for the fence. 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. Please be advised that if we cannot resolve this issue swiftly and amicably, I will be forced to take the matter to court, seeking an ejectment order to force the removal of the [fence/hedge/other encroachment] from my land. Therefore, I would like to suggest a meeting at [location eg. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. 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. 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. 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. Its worth knowing this before you get into a discussion (or worse, a disagreement), as you might decide that your neighbours solution is aesthetically worse than the current problem! Such person is considered a tortfeasor. 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. The best way to settle a boundary dispute is to talk to your neighbor first. Forcing a Neighbor to Remove an Ugly Fence . It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. This is a complicated legal matter that we will try to make more straightforward for you. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Press question mark to learn the rest of the keyboard shortcuts. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). You must have JavaScript enabled in your browser to utilize the functionality of this website. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. Have your neighbor agree to acknowledge your property right. But what happens when fencing becomes the source of a dispute? [ii] Trust v. Allamakee County Bd. Boundary fences may be built by the municipality in some cases, especially in new developments. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. But hire a lawyer for more information. You can't make changes to your side without their permission, such as painting it. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. But, you would still have to put up the fence yourself. I would be grateful if you would look into this as a matter of urgency. In Washington state, the law addresses in detail the rights and responsibilities . But, some common themes typically arise. You cannot force your neighbor to put up a fence. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. Please let me know if you are able to attend. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. (Check for This First), Do I Need a Permit for a Pergola? There are two main areas when it comes to boundary line disputes. Generally to protect yourself from future . Then, youll receive notice in the mail confirming the change. For more details see our Privacy Policy. You can suggest to your neighbor that they sell the piece of land in question to you. Is It Legal to Have a Horse in Your Backyard? Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. 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. Or, you could do a land swap. Do I Need Planning Permission For a Fence? Not if its a partition fence. I am keen to resolve this issue amicably and as quickly as possible. On 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. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Please refer to our full affiliate disclosure policy for full details. "neighbour has screwed new fence posts to my garage on the boundary". 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. Try to be fair. London Member since 20 Apr 2011 And they can also sue you if you dont take it down when they ask. Either way, don't let people touch or move your stuff . In this case, the neighbour would therefore have to be served notice as the extension affects their property. 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. jobs, About 50% of the fence now has trenches under . Neighbors must take you to court to dispute the fence placement. 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. Usually there will be a clear demarcation of who owns which part of the land and boundaries. 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. Depending on neighbors. 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. 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. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. 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. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Then you have to find out if your neighbors have any rights to the existing structure. 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. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Maybe call the building department and ask them to look for a permit for 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. During co-ownership of a fence, both neighbors are responsible for maintaining their side of the fence and also have shared rights to the fence. Re: Encroachment of [fence/hedge/other encroachment] onmy land. 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. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Thank you. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. This post contains affiliate links from Amazon and other stores. 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're not splitting the cost, then let it stay until it's literally falling over. 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. But, you shouldnt go directly to just removing the fence. 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. However, those rules might differ for rental estates, public areas, or government buildings. This is for trees that do not require a permit from the council. 2. Laws about boundary fences can change based on where you live. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. 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. Bankruptcy isn't the worst that can happen to you. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. 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. Your property is on a corner and has more than one frontage. Convenient, Affordable Legal Help - Because We Care! feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. When the fence needs maintaining in the future, its down to them or successive owners of their property. Then, keep detailed records of every decision you make. We've just had about 9k of . In this case, the boundary fence belongs to both of you. best to check with council planning department, Darlington Member since 7 Sep 2016

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