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. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. 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. Can a neighbor remove and replace the boundary line fence - Quora I objected to his extension and stated that under no circumstances could he take down the fence. And, if you tell him not to, Neighbor cannot come onto your property without y. 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. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. Step 1 - Talk to your neighbour. 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. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Fencing not erected along boundary - MyBuilder If I were you I'd just say 'OK, it's on the list' every time it's brought up and continue doing what I was going to do. Then, the court can order you to move it, take it down, or find an alternative. Heres how to do it: Make sure they agree with the proposed boundary change. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Think Before You Remove That Hedge - Stephensons Solicitors LLP Bristol Member since 1 Jun 2016 Such person is considered a tortfeasor. Figure it out. Your neighbour might agree to remove the fence. The issue is whether it needs to be repaired or replaced and thats the matter being debated. In State v. Roberts, the court observed that persons unlawfully and willfully, burning; destroying; pulling down; injuring; or removing any fence, wall, or other enclosure shall be guilty of a misdemeanor[viii]. This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. 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. Is the old fence in need of replacement? Sitemap Can My Neighbour Remove the Fence Between Our Properties? - Wezaggle (Check for This First), Do I Need a Permit for a Pergola? Forcing a Neighbor to Remove an Ugly Fence . 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. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Depending on neighbors. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. Sharing a boundary line with a neighbor can unfortunately lead to conflict. We will pay for the fence and retain ownership, responsibilities for repair etc. Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle A question which may be important depending where you live .. you said it lies between the properties but that you're the one maintaining it and the neighbor wants you to pay for the replacement? If you do not obtain approval, then you may open yourself up to legal issues. dig up the root and cut a tree root back to the boundary or fence line of your property. 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. In a lot of states a boundary fence is the responsibility of both neighbors. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. 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. You must have JavaScript enabled in your browser to utilize the functionality of this website. London Member since 20 Apr 2011 I look forward to seeing you on [date]. I would be grateful if you would look into this as a matter of urgency. If the structure is on your side of the line, it belongs to you. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. This fence you have looks fine. jobs, It is not likely that you will face any jail time. Then you have to find out if your neighbors have any rights to the existing structure. Boundary and garden disputes - Citizens Advice Scotland 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. Stop fussing with the neighbors over the boundary fence. 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. If yourown fence has seen better days, find out more about our fence repair services. If they wont do that pay for it yourself. (Heres Whats Required)Continue, So, you have an event coming up, youre excited about it, and you want to let everyone know as, Read More Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors?Continue. You can determine whose fence is whose by looking at the property line. 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. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. 2d 79, 81 (La. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. Don't use this disagreement to vent months or years of anger at your neighbor. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. If you go down this route your neighbour should . That will only escalate the situation. And they can also sue you if you dont take it down when they ask. But what happens when fencing becomes the source of a dispute? ), with fence ideas that look great, too. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Zippity Vinyl Fence Perfect for adding some style to your yard. You could also call an inspector out and ask if they recommend a repair or replacement. A title deed will show your propertys boundaries but they usually do not mention any structures that fall within the boundary or directly on the boundary, such as a boundary fence. Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? This post contains affiliate links from Amazon and other stores. The location of a fence determines the jurisdiction of the court to determine the dispute. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. 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. So, always check the local regulations first. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. 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. 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. 32 Fences pass by a sale of the land as the soil [iii]. However, this matter can be tricky to navigate so we . The legal position with regards to boundary and fence disputes, and how neighbours can often solve the problems themselves without having to resort to expensive legal action. 1.2K Posts. Fencing Laws and Your Neighbors: FAQs - FindLaw 05272398. In some states, the neighbors can claim your land if they prove you abandoned it. Fences. This is a complicated legal matter that we will try to make more straightforward for you. What do I do if my letter doesnt solve the dispute? Also, the . 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. 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. Why send a letter to settle a property line dispute? Welcome to /r/Legal, a community for discussing legal topics. Is It Illegal to Walk Through a Gated Community? Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. These will also determine what can be done as far as replacing or repairing a fence. The neighbors dont have the right to tamper with your private property. 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. I doubt this would qualify as a partition fence but I could be wrong. link to How To Organize A Bathroom Closet. 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. So what can you do? Generally, a partition fence is built equally on both sides of the line. Boundaries and fences - South Australia In this case, both neighbors have the right to the fence. Does the tree belong to you? In this situation, you really need to choose your battles wisely. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. 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. Handbook of Florida Fence and Property Law: Boundaries and Possession Section62 Forumite. For example, in California, the fence law states that if a neighbor wants to put up a fence, the fence must remain on their side of the property line. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. I understand that you may have been unaware of this issue before I broughtit to your attention. Either way, dont let people touch or move your stuff without consent. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. This can beuseful should the matter have to be resolved before acourt in the future. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. This is for trees that do not require a permit from the council. In one instance, you may have anissue over where the boundary line of the property actually sits. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. We often link to other websites, but we can't be responsible for their content. Your neighbor may be entitled to move your fence if it encroaches on their property. By continuing to use the site, you agree to our use of these cookies. Neighbour replaced fence without asking me! - netmums.com In California, two inches from the property line is enough when building the fence. Local fence laws work on the assumption that boundary fences benefit both property . Must the encroachment over the boundary line be removed or may it legally remain in place? First off get a surveyor to find the exact property line. 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. I am writing regarding the [insert species] tree on your property. Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this. Between 2 to 8 inches. 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. 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. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Answered 3rd Jun 2016. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. 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. If your neighbour owns the wall or fence. tree trunks are growing on a boundary and are destroying the boundary fence; . Thats because you could get in trouble for vandalism or trespassing if youre not careful. I suspect were going to have to engage a surveyor to make that determination. Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled.
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