[i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. Is it technically on the edge of your property and, therefore, belongs entirely to you? If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Often hedges, fences or trees can encroach on a property line. Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 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. Can My Neighbor Remove Our Boundary Fence Legally? - Yard Blogger We often link to other websites, but we can't be responsible for their content. Dividing fences and other boundary issues | Legal Aid WA 1.2K Posts. 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. Any higher would have to have planning permission. In one instance, you may have an issue over where the boundary line of the property actually sits. 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. 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! Either way, dont tamper with a property barrier until you establish the rightful owner. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. Boundary fences can cause much dispute and debate between neighbours. Removing your neighbors fence is illegal if you do not obtain their permission. 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. 4 /9. No Dig Vinyl Fence The white picket fence of your dreams, 2. Usually, cities determine height limitations by the landscape and the traffic. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. We were happy enough for them to do this and agreed verbally. That means barriers that block entrances or hide street signs are illegal. However, knowing exactly where your property lines are can be difficult. That neighbor may have the right to modify the fence or remove it entirely. They also have the right to remove the fence when they please. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. Terms and conditions Can My Neighbour Remove the Fence Between Our Properties? - Wezaggle 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. Know Your Rights When It Comes to Neighbour Fence Disputes Your neighbour might agree to remove the fence. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library A polite clarification might be all that is needed to . 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. Fences pass by a sale of the land as the soil[iii]. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. Boundary and garden disputes - Citizens Advice Scotland Can your neighbor legally do this? Such person is considered a tortfeasor. I am writing regarding the [insert species] tree on your property. 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. link to What Kind Of Paint For Garage Walls. Fencing not erected along boundary - MyBuilder I just want to know if I can legally remove the screws his has put in to my property. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Can A Neighbor Attach Something To My Fence? - Upgraded Home Rules about private fencing can vary from state to state. Cookies However, now that I have written to you regarding the matter, I would appreciate your swift action on this. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Your neighbors can remove fencing if it impedes their yard. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. 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. Bristol Member since 1 Jun 2016 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. Why send a letter to settle a property line dispute? The boundary fence around your property belongs to the person who built it. You might also enjoy our post on Can Your Neighbor Paint Your Fence? Fences and trees along the property line can easily give rise to disagreements. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). I had a fence that got blown over in a hurricane. 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. This can be done by you, but you would need a plot map and you would have to locate the property pin. 97% positive That, my friends, is the question. dig up the root and cut a tree root back to the boundary or fence line of your property. My neighbour has moved the boundary fence on to my land. I live at [address], next door and am concerned there is a potential threat to health and safety. When I built my fence, I had it surveyed and placed it 3" from the property line. Fences are not transitory, as personal estate. Ready to change the property lines around your house? I would be grateful if you would look into this as a matter of urgency. Or they can argue that your structure encroaches on their land. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. 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. . 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. What Can You Do When Your Neighbor's Fence is on Your Property? Do I Need Planning Permission For a Fence? Dont forget to check for any easements that may run through your property across the fence line. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. 1956). The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. Thats because you have rights as the homeowner. But you might be struggling to figure out what kind of paint to use on garage walls. Maybe call the building department and ask them to look for a permit for a fence? What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal Glad it is all agreed and everything will be put in writing. Get a surveyor to check and see if the fence is on the easement of the property. JavaScript seems to be disabled in your browser. So, be sure to maintain the area around your property line. The fence is your beighbour's as he purchased and erected it. 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. VAT Number 990 1088 14 | Company Number 8513999 Depending on neighbors. So, always check the local regulations first. 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. This is assuming the boundary fence lies directly on the property line. You could hit it with some restoring wash and then stain it and it would look almost new. Generally, a partition fence is built equally on both sides of the line. 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 the fence needs maintaining in the future, its down to them or successive owners of their property. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. 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. This fence you have looks fine. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay So, work toward peaceful living by utilizing the legal system. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. Before you get the police involved, you should be a good neighbor and approach them with an open mind and let them know your concerns. Make it clear in writing, you want this fence to stay. But other factors can affect the rules as well. Spite Fences: . In general, cities prohibit fencing that obstructs the view or slows traffic flow. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. 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 Bathroom closets are often catch-alls for anything and everything remotely related to self-care. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Plus, they can sue if your fence is too high. My neighbour has moved the boundary fence on to my land. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. 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. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Can my Neighbour remove boundary fence? Dividing Fences Act. The location of a fence determines the jurisdiction of the court to determine the dispute. 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 ? Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. They will update the public records as soon as possible. App. If the fence is on your side of the property line, then the fence is yours. Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. And make sure the fence height is allowed in your neighborhood. On Editor, Marcus Herbert. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. [Add below paragraph if other options are viable]. 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. For example, the neighbor's hedge or fence is encroaching on your property. We dont have a weed issue. Remove part of boundary fence and build on boundry - Gardening discussion 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. 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. The same holds true for fence maintenance and repairs. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. The Act does not deal with disputes about fences that are not on a boundary line. Don't use this disagreement to vent months or years of anger at your neighbor. Neighbor cannot replace a boundary line fence without your permission. 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. Local authorities really are not too concerned about fencing issues. We just cant afford it to be honest. Thats because you could get in trouble for vandalism or trespassing if youre not careful. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. best to check with council planning department. Frequently asked questions If you live in a neighborhood with an HOA look into their rules regarding fences as well. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? A private individual cannot claim damages from the authorities for removal of encroached fence. You must have JavaScript enabled in your browser to utilize the functionality of this website. 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. These will also determine what can be done as far as replacing or repairing a fence. It is more the dam cheak than anything else. There are two main areas when it comes to boundary line disputes. Neighbor can't do anything about it. 100% positive I want to tell them to take thing down. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Can I Remove Utility Flags In My Yard: Is this Illegal? And if you live in an urban area, the limitations on acceptable fencing could be even stricter. 3.4K Posts. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Bono Construction. Neighbor's Encroachment Over Your Property Line - Porter Simon Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Boundaries and fences - South Australia In this situation, you really need to choose your battles wisely.
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