Whoever built the fence between the houses and obtained the permit to build the fence, owns it. There would now be two fences along the boundary. How Long Does It Take To Install A Fence? I am keen to resolve this situation quickly and amicably. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. 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. We will pay for the fence and retain ownership, responsibilities for repair etc. This means Yard Blogger may earn a commission if you make a purchase using any of our links. 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. Your neighbor is not legally allowed to remove your boundary fence. Heres how to do it: Make sure they agree with the proposed boundary change. And make sure the fence height is allowed in your neighborhood. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. The hedge has been there since the 1930s. 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. You will want to know this regardless. So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. If your neighbors attach anything to your . But, some common themes typically arise. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Please note when writing your letter that if you want to sell or lease part of your land to your neighbour, you will need to gain permission from your mortgage provider. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Next contact your city for any ordinances pertaining to the placement of fences. So, they can't remove boundary fencing even if they don't like its location. 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. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. These will also determine what can be done as far as replacing or repairing a fence. Ask them to split the cost of a survey to see whose property it sits on. . Until then, people cant tear up your property just because they dont like it. . Templates for Writing a Property Line Dispute Letter - Giambrone Law 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. So, look up public records to find out. The fencing notice forms the basis for the owners to . 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. Is It Illegal to Walk Through a Gated Community? Thanks for your answers. 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. In this case, the neighbour would therefore have to be served notice as the extension affects their property. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . 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. Resolving conflicts involving trees on properties. They must follow the appropriate channels to get you to take it down. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. However, illegal fencing doesnt give people the right to remove it without notice. You might also enjoy our post on Can Your Neighbor Paint Your Fence? Lets examine what a boundary dispute is and how it can impact your life. Your Get free, zero-commitment quotes from pro contractors near you. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Boundary fences are supposed to help separate properties and eliminate disputes. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. Civ. 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 ? They can confront you to negotiate or consult law enforcement instead. 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. They also have the right to remove the fence when they please. Zippity Vinyl Fence Perfect for adding some style to your yard. 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. Must the encroachment over the boundary line be removed or may it legally remain in place? 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. If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. About 8 years ago -we put a fence up in our garden about two feet in from the boundary because the previous neighbour refused to cut back bramble. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. I am keen to resolve this issue amicably and as quickly as possible. You can quite easily trim back leaves and branches, and you can even trim back roots if they are invasive, however this may have a detrimental impact on the whole plant. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. UK VAT Registered: 850 4121 63, Can my neighbour legally move her fence on to my boundary, Repositioning Concrete Fence Posts due to Neighbour's Extension, Can my neighbour force me to move my fence which is about four inches over his side. Fences. As I left for work this morning, he handed me a builders business card and said his builder is starting work today, and will be taking down the fence. So, be sure to check your local laws for more information. Either way, don't let people touch or move your stuff . I am writing regarding the [insert species] tree on your property. 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. Find out more. Additionally, if you believe your neighbor has put up a fence to spite you, such as blocking a view, then you might be able to sue your neighbor for private nuisance. Also think about whether it's safe to cut back the roots. 97% positive Removal or Destruction of Fences - Fences - USLegal You should take care not to cause unnecessary damage to the tree. 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. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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 . A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor's inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. You can suggest to your neighbor that they sell the piece of land in question to you. Attach your survey or plat map highlighting the disputed area. Good day . to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 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 they wont do that pay for it yourself. best to check with council planning department. If you disagree with your neighbour about a wall or fence If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . And the deal is good until someone changes it. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Then, keep detailed records of every decision you make. Still can't believe we didn't discuss this properly before work commenced. There are some exceptions if the works are urgent or the adjoining owner cannot be located. 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. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Fact sheet - Boundary fences | Tasmania Legal Aid About 50% of the fence now has trenches under . 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. Anything can be agreed in a mediation. Rules on boundary fences vary from city to city but they all mostly follow common themes such as who has ownership and when and who has responsibility for the maintenance of the fence. You can bring the matter up to your local municipality as fence laws are local ordinances. 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. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. But, you shouldnt go directly to just removing the fence. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. If yourown fence has seen better days, find out more about our. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Whatever the case, try to avoid heated arguments with the neighbors. Which I trust you understand, is a considerable difference. 32 Neighbors must take you to court to dispute the fence placement. 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). If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. 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. My neighbour's fence blew down into my garden and they haven't removed Bristol Member since 1 Jun 2016 Whichever neighbor owns the boundary fence is responsible for it. Would you be annoyed if your neighbour removed a boundary garden hedge Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. 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. 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. Before you erect any fence, you should confirm your exact property boundary lines. you agreed to accept cookies from this website - thank you. Establishing Rights Over Fences & Boundaries This can be done by you, but you would need a plot map and you would have to locate the property pin. 05272398. Your best bet will be erecting the fence well within your property's boundaries. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Answered 3rd Jun 2016. Neighbors can make the choice to put up a boundary fence if they both want to provide privacy to each other but there is no law that states you have to have a boundary fence. Your rights are to use your property up to but not over the boundary line. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. 1991). Local laws differ regarding who owns a fence built on the property line. 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. (Heres Whats Required). Neighbour has removed my boundary fence - MyBuilder feedback. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. 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. This is assuming the boundary fence lies directly on the property line. If the structure is on your side of the line, it belongs to you. 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. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. I doubt this would qualify as a partition fence but I could be wrong. [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. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. No Dig Vinyl Fence The white picket fence of your dreams, 2. 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. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence.
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