Your Get free, zero-commitment quotes from pro contractors near you. A building on the boundary is not considered a fence. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. If they wont do that pay for it yourself. I just want to know if I can legally remove the screws his has put in to my property. What do I do if my letter doesnt solve the dispute? 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. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. And give the neighbors some logical reasons for the alteration. But if it rests in your neighbors yard, its their responsibility. The issue is whether it needs to be repaired or replaced and thats the matter being debated. 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. That neighbor may have the right to modify the fence or remove it entirely. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? 32 Fences are a part of the realty and become affixed to the land. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. But remember that fence posts should remain on your side of the property line. How to Stop Your Neighbors Dog From Digging Under Your Fence. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Generally, neighbours contribute equally. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Risking potential violent behavior from your neighbor. Either way, dont tamper with a property barrier until you establish the rightful owner. 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). Your neighbour can cut back that part of the hedge that . 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. Don't use this disagreement to vent months or years of anger at your neighbor. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. Any modifications and attachments can only be done by the legal owner, meaning your neighbor, even if the side of the fence is facing their house, cannot legally change anything on your fence. We dont have a weed issue. A partition fence is the joint property of adjacent landowners. Let the county Assessor or Recorder know about the new deal. I spoke with our neighbour this afternoon and we came to an agreement. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. And some state laws may differ between counties. 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! But hire a lawyer for more information. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. You are physically removing something that you do not own, which is breaking the law in most areas. Specify a reasonable period in which the neighbor should fix the encroachment, for . (Check for This First), Do I Need a Permit for a Pergola? The Council acknowledged they were at fault and came up with the solution of building . Figure it out. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Boundary Rules And Neighbour Disputes. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 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. Each county has different laws regarding property lines and boundary fences. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Your responsibility as a fence owner. Is the old fence in need of replacement? [ii] Trust v. Allamakee County Bd. Not if its a partition fence. Then, keep detailed records of every decision you make. You will only earn a small fine and a bad neighbor reputation. 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. 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. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. As for painting the fence I cannot see a problem at all . 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. You may be able to sue your neighbor for removing your boundary fence but after the legal costs and likely very long wait time to be seen in small courts, it may be more worth your time and money to just erect a new fence on your property line. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the 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. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. 12 Press question mark to learn the rest of the keyboard shortcuts. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. 2 June 2015 at 10:22AM. Or they can argue that your structure encroaches on their land. I suspect were going to have to engage a surveyor to make that determination. Editor, Marcus Herbert. Before you erect any fence, you should confirm your exact property boundary lines. the last 3 words need to be clarified. It is not likely that you will face any jail time. 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. Therefore, I would like to suggest a meeting at [location eg. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. Please refer to our full affiliate disclosure policy for full details. 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. Browse USLegal Forms largest database of85k state and industry-specific legal forms. 1949). I am keen to resolve this issue amicably and as quickly as possible. Do I Need Planning Permission For a Fence? Answer. Trentwood Fencing Ltd 2022| Built by Kontrolit. They say good fences make great neighbors. VAT Number 990 1088 14 | Company Number 8513999 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. I would be grateful if you would look into this as a matter of urgency. Nothing in the Act prevents neighbours coming to their own agreement about a fence, for example that one owner will pay the whole cost, or coming to an agreement . Your neighbor is not legally allowed to remove your boundary fence. Yes. Bristol Member since 1 Jun 2016 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. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. Can a neighbor remove your boundary fence without permission? Dont forget to check for any easements that may run through your property across the fence line. Get a surveyor to check and see if the fence is on the easement of the property. we have now removed the fence which is damaged, but the new neighbours say that because the fence has been there for some time, that the boundary has now changed . There are some exceptions if the works are urgent or the adjoining owner cannot be located. Thank you for your cooperation on this matter. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. Generally to protect yourself from future . These templates can be used to invite a neighbour to meet regarding your property line dispute. By continuing to use the site, you agree to our use of these cookies. So, be sure to check your local laws for more information. If your neighbors attach anything to your . Cookies You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. Thanks for your answers. Fences. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. 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 neighbors dont have the right to tamper with your private property. Ready to change the property lines around your house? The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. Any higher would have to have planning permission. 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. When the fence needs maintaining in the future, its down to them or successive owners of their property. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. My neighbour has planning permission for an extension. Re: Potential [insert species if known] tree issue. I understand that you may have been unaware of this issue before I broughtit to your attention. you disabled cookies on this website - some functions will not operate as intended. dig up the root and cut a tree root back to the boundary or fence line of your property. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. I doubt this would qualify as a partition fence but I could be wrong. Fences are a part of the realty and become affixed to the land. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). So, do your research before erecting a new one. Fence erected inside boundary line. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. 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 . You cannot force your neighbor to put up a fence. However, those rules might differ for rental estates, public areas, or government buildings. ), with fence ideas that look great, too. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. Causing permanent damage to your property. So what can you do? 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. Fences are not transitory, as personal estate. Can your neighbor legally do this? I had a fence that got blown over in a hurricane. You can bring the matter up to your local municipality as fence laws are local ordinances. Either way, don't let people touch or move your stuff . Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Then you have to find out if your neighbors have any rights to the existing structure. Property boundaries. 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 . But, you would still have to put up the fence yourself. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. "neighbour has screwed new fence posts to my garage on the boundary". 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. In a suit for damages for removal of fences, courts grant injunctions: Some statutes award criminal penalties on individuals who unlawfully fence the land of another. However, knowing exactly where your property lines are can be difficult. 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. 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. In one instance, you may have anissue over where the boundary line of the property actually sits. 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. This notice has to be served at least 21 days before submitting a planning application. 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. 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. jobs, This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. It depends on where you live. Is It Illegal to Walk Through a Gated Community? 3.4K Posts. If the wall or fence seems dangerous, point this out because your neighbour might not be . 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.