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. 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. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Dividing Fences Act. 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, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission. On However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. 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. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Also think about whether it's safe to cut back the roots. Maybe call the building department and ask them to look for a permit for a fence? The best way to settle a boundary dispute is to talk to your neighbor first. Rules about private fencing can vary from state to state. And make sure your neighbors are maintaining their fences correctly. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. This is for trees that do not require a permit from the council. You can bring the matter up to your local municipality as fence laws are local ordinances. This case shows the importance of checking your legal position before you remove any boundary . The neighbors don't have the right to tamper with your private property. You can determine whose fence is whose by looking at the property line. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. This is assuming the boundary fence lies directly on the property line. Or try to legally change the property lines if you cant settle the dispute. You might also enjoy our post on Can My Neighbor Move My Fence? We dont have a weed issue. If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Dont forget to check for any easements that may run through your property across the fence line. Property boundaries. The neighbours can agree on their contribution, or have this decided by an arbitrator. Neighbors must take you to court to dispute the fence placement. When I built my fence, I had it surveyed and placed it 3" from the property line. You really dont have any power when it comes to demanding your neighbor to put up a fence since they own their property and have the right to do what they want with it and what they dont want to do with it. In one instance, you may have anissue over where the boundary line of the property actually sits. VAT Number 990 1088 14 | Company Number 8513999 Knowing the rules and regulations for fences on boundary lines can help keep the peace. 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. So, they can't remove boundary fencing even if they don't like its location. Yes. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. tree trunks are growing on a boundary and are destroying the 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. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. Your neighbor is not legally allowed to remove your boundary fence. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. If they ignore your requests or neglect your lawful warnings, you can sue them in court. Fences pass by a sale of the land as the soil [iii]. If they disagree, you can hire a lawyer to help convince them. The standard for measuring damages for such removal or destruction is its value at the time. If the structure is on your side of the line, it belongs to you. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). Repairing a Boundary Fence; If a boundary fence needs to be repaired or . However, illegal fencing doesnt give people the right to remove it without notice. you agreed to accept cookies from this website - thank you. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. So, record your domain at the local courthouse. In deciding the amount of damages, the court must consider: However in calculating damages, the depreciation which the old fence had suffered due to age and use can be deducted. Please get in contact with us either by calling the number below or emailing us. 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. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. You will only earn a small fine and a bad neighbor reputation. Create an account to follow your favorite communities and start taking part in conversations. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Fences are commonly involved in boundary disputes. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Convenient, Affordable Legal Help - Because We Care! Glad it is all agreed and everything will be put in writing. Please note that Reddit automoderates posts by new accounts. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. of Supervisors, 599 N.W.2d 460 (Iowa 1999). Bristol Member since 1 Jun 2016 Usually, cities determine height limitations by the landscape and the traffic. 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. This fence you have looks fine. How Long Does It Take To Install A Fence? Your neighbor is not legally allowed to remove your boundary fence. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. But you cant establish the owner unless you can define the property lines. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. Your property is on a corner and has more than one frontage. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. In California, two inches from the property line is enough when building the fence. You can both try to be sensitive. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. If neither neighbor put up the fence, then the ownership is shared. Not if its a partition fence. Fences are not transitory, as personal estate. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Is the replacement fence reasonably the same cost? 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. First off get a surveyor to find the exact property line. Describe the violation. The fence law is a local law instated by municipalities that states if a fence is on a property line, then both owners are responsible for the fence, including maintenance, unless otherwise stated in a written agreement. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. So, always check the local regulations first. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. jobs, Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Either way, dont let people touch or move your stuff without consent. The proof involves documentation of your property lines. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. The neighbor who erected and obtained the permit for the fence owns it. 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. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Removing your neighbors fence is illegal if you do not obtain their permission. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Your Get free, zero-commitment quotes from pro contractors near you. Worked at a fence company for 10+ years. 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? In one instance, you may have an issue over where the boundary line of the property actually sits. In this case, the neighbour would therefore have to be served notice as the extension affects their property. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. For more details see our Privacy Policy. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. (Heres Whats Required). The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. [iv] Miller v. Leonard, 588 So. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. So, look up public records to find out. This post contains affiliate links from Amazon and other stores. Browse USLegal Forms largest database of85k state and industry-specific legal forms. 2. Next contact your city for any ordinances pertaining to the placement of fences. And they can also sue you if you dont take it down when they ask. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. you disabled cookies on this website - some functions will not operate as intended. 2 June 2015 at 10:22AM. Is it technically on the edge of your property and, therefore, belongs entirely to you? A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days. 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. You might also enjoy our post on Can Your Neighbor Paint Your Fence? To comment on this thread you need to create a Mumsnet account. Each county has different laws regarding property lines and boundary fences. 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). The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Sitemap . If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. - These will also determine what can be done as far as replacing or repairing a fence. Make it clear in writing, you want this fence to stay. If your neighbors attach anything to your . Whoever built the fence between the houses and obtained the permit to build the fence, owns it. feedback. best to check with council planning department. It is not likely that you will face any jail time. Have your neighbor agree to acknowledge your property right. 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. 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. Re: Encroachment of [fence/hedge/other encroachment] onmy land. Thanks for your answers. 1991). By . . This is a complicated legal matter that we will try to make more straightforward for you. It also suggests negative things about the neighbour who makes changes to a . If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. A building on the boundary is not considered a fence. the last 3 words need to be clarified. Stop fussing with the neighbors over the boundary fence. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. Try to be fair. Also, the . Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. 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. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Generally, a partition fence is built equally on both sides of the line. Civ. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . How soon am I likely to get the answer. 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. Boundary fences are supposed to help separate properties and eliminate disputes. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. If the fence is on your side of the property line, then the fence is yours. 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. Find out more. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. If so, please would you take a look and arrange for the necessary work in order to make it safe? Anything can be agreed in a mediation. 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. Boundary Rules And Neighbour Disputes. We will pay for the fence and retain ownership, responsibilities for repair etc. In general, you should always build boundary fences with the panels facing outward along the border. (Check for This First), Do I Need a Permit for a Pergola? As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. 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. I am keen to resolve this situation quickly and amicably. So what can you do? This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. Section62 Forumite. Hi I have 4 neighbours bordering the length of my back garden on one side. 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. 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. 892, 899 (Miss. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. My Neighbour's Hedge Is Overgrown. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. 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. Before you erect any fence, you should confirm your exact property boundary lines. Fences. Local laws differ regarding who owns a fence built on the property line. Boundary fences can cause much dispute and debate between neighbours. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Thats because you could get in trouble for vandalism or trespassing if youre not careful. In some areas, the fence remains the property of whomever paid to install and maintain it. 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.