neighbour has removed boundary fence
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. Please get in contact with us either by calling the number below or emailing us. I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. However, this matter can be tricky to navigate so we . Choosing the Best Type of Fence for Your Garden. So, record your domain at the local courthouse. 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. 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. Bono Construction. Welcome to /r/Legal, a community for discussing legal topics. Some states define use as occupancy - such as using the land up to the fence . Attach your survey or plat map highlighting the disputed area. There is no party wall agreement between us and they did not ask for permission. Sharing a boundary line with a neighbor can unfortunately lead to conflict. Thats because you have rights as the homeowner. There would now be two fences along the boundary. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. A private individual cannot claim damages from the authorities for removal of encroached fence. Then, give them time to make repairs. And you cant always knock down or move existing structures even if you own them. 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. Your neighbors can remove fencing if it impedes their yard. If your neighbour owns the wall or fence. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. As for painting the fence I cannot see a problem at all . If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. So, be sure to maintain the area around your property line. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. The fence is your beighbour's as he purchased and erected it. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. Just my two cents here, but do you know who owns the fence? Re: Encroachment of [fence/hedge/other encroachment] onmy land. 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. Letter templates for resolving property line disputes. Plus, they can sue if your fence is too high. Hi I have 4 neighbours bordering the length of my back garden on one side. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. A partition fence is the joint property of adjacent landowners. In some cases, yes, and in some cases, no. Or see if your landlord can give you more information. A boundary dispute arises when a neighbor believes their neighbor is infringing on their property by having an item or items placed on their property without their permission. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Trentwood Fencing Ltd 2022| Built by Kontrolit. the last 3 words need to be clarified. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. a local cafe or other neutral space] on [date] at [time]. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. If your neighbor initially built the fence, then they are legally allowed to remove the fence. 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. 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. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. 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. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. They say good fences make great neighbors. Answered 3rd Jun 2016. It has really helped clarify the situation. I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. 1956). In general, to the extent that a portion of your fence encroaches onto the neighbor's property, the neighbor can remove it or can take you to court to show that it encroaches and get the court to order or allow its removal. The value is determined by replacement costs minus depreciation for age and use. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. When the fence needs maintaining in the future, its down to them or successive owners of their property. 04/03/2016 18:32, Thanks so much for all the replies. A building on the boundary is not considered a fence. The boundary fence around your property belongs to the person who built it. 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. 100% positive You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Old boundary fence becomes legal? The Council acknowledged they were at fault and came up with the solution of building . Until the contrary is shown, the partition fence is presumed to be the common property of both owners. You can use the contract in court because its legally binding. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Answer (1 of 25): You have 3 questions, and the answers to all 3 are "No." Neighbor cannot remove a boundary line fence without your permission. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. 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. There are two main areas when it comes to boundary line disputes. 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. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. However, they need to be able to prove this and then ask for your permission before they move the fence. Often hedges, fences or trees can encroach on a property line. 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. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. But you cant establish the owner unless you can define the property lines. 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. Thank you. Knowing the rules and regulations for fences on boundary lines can help keep the peace. 2d 79, 81 (La. best to check with council planning department, Darlington Member since 7 Sep 2016 First of all, establish who is responsible for the fence on theboundary in question. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. And you have to check local records to determine the owner in those cases. Does the tree belong to you? It is more the dam cheak than anything else. I dont believe either of us can with certainty. you agreed to accept cookies from this website - thank you. 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. Your neighbor is not legally allowed to remove your boundary fence. 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. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Theres sometimes an assumption that every house is responsible for the boundary to its left, but this isnt always the case; neighbouring properties may have had completely different boundary responsibilitiesidentified by the land vendor when the houses were built. If yourown fence has seen better days, find out more about our fence repair services. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Removing your neighbors fence is illegal if you do not obtain their permission. 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. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. They just want a new fence - admittedly its not the prettiest fence and is old and were fine maintaining it but dont feel like we should have to pay for a new fence just because they would like a new one. But hire a lawyer for more information. 3.4K Posts. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Answer. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. If the wall or fence seems dangerous, point this out because your neighbour might not be . Fences. Then, youll receive notice in the mail confirming the change. Heres everything you need to know. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. 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 ? The location of a fence determines the jurisdiction of the court to determine the dispute. In California, two inches from the property line is enough when building the fence. Figure it out. If you are encroaching on your neighbors property in a certain area, you can suggest that they can have a piece of your land in another area. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. They can insist. 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. 05272398. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. This post contains affiliate links from Amazon and other stores. 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. Fences are not transitory, as personal estate. Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. So, always check the local regulations first. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. The neighbours can agree on their contribution, or have this decided by an arbitrator. How soon am I likely to get the answer. 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. Lets examine what a boundary dispute is and how it can impact your life. However, knowing exactly where your property lines are can be difficult. The fencing notice forms the basis for the owners to . Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. What happens when one of those neighbors decides they want to remove a boundary fence though? You will want to know this regardless. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. Section62 Forumite. Spite Fences: . Generally to protect yourself from future . The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. Boundary fences may be built by the municipality in some cases, especially in new developments. 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. Fences are a part of the realty and become affixed to the land. App. Communicatingvia letter, also provides both parties with a written record of the dispute. If they ignore your requests or neglect your lawful warnings, you can sue them in court. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. It is not likely that you will face any jail time. 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. Registered in England No. Every city has different rules regarding fences. So, they cant remove boundary fencing even if they dont like its location. 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 . If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence.
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