No Dig Vinyl Fence The white picket fence of your dreams, 2. I spoke with our neighbour this afternoon and we came to an agreement. The owner of the fence is always responsible for fixing it. 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. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. Lets examine what a boundary dispute is and how it can impact your life. If so, please would you take a look and arrange for the necessary work in order to make it safe? If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. You might also enjoy our post on Can Your Neighbor Paint Your Fence? What are the 4 types of boundary disputes? It depends on where you live. I want to tell them to take thing down. In this case, the neighbour would therefore have to be served notice as the extension affects their property. Specify a reasonable period in which the neighbor should fix the encroachment, for . Basically our neighbour informed us they were replacing the boundary fence between our properties assuming it was theirs as it runs to the left of their property. 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. By . 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. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. 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. But you might be struggling to figure out what kind of paint to use on garage walls. And the deal is good until someone changes it. . feedback. Resolving conflicts involving trees on properties. If the fence is on your side of the property line, then the fence is yours. The neighbor who erected and obtained the permit for the fence owns it. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. So, always check the local regulations first. A survey is the only way to sort it out. Is the old fence in need of replacement? The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Often hedges, fences or trees can encroach on a property line. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. This information will also be on your deeds. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Of course, if the tree is not yours, please let me know, and I will contact the council. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. If they disagree, you can hire a lawyer to help convince them. By writing to your neighbour you can clearly set out your issues and explain why you are not in agreement, this can be difficult to achieve in face-to-face meetings as discussionscan get heated. In California, two inches from the property line is enough when building the fence. To comment on this thread you need to create a Mumsnet account. I live at [address], next door and am concerned there is a potential threat to health and safety. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated.They have also damaged lots of very . Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. The Act does not deal with disputes about fences that are not on a boundary line. First of all, establish who is responsible for the fence on theboundary in question. I look forward to seeing you on [date]. They also have the right to remove the fence when they please. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. Cookies Dividing fences are a common cause of disputes between neighbours. tree trunks are growing on a boundary and are destroying the boundary fence; . 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. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. You will want to know this regardless. Each county has different laws regarding property lines and boundary fences. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. However, this matter can be tricky to navigate so we . Fences pass by a sale of the land as the soil[iii]. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. 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 also cant cause a nuisance with your fence or put the neighbors in danger. You can determine whose fence is whose by looking at the property line. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. By continuing to use the site, you agree to our use of these cookies. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. Good day . There are two main areas when it comes to boundary line disputes. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. They can confront you to negotiate or consult law enforcement instead. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. There would now be two fences along the boundary. Before you get the police involved, you should be a good neighbor and approach them with an open mind and let them know your concerns. If you're in an argument with a neighbor over a property issue, follow these steps: 1. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). Glad it is all agreed and everything will be put in writing. Well only use this information to handle your enquiry and we wont share it with any third parties. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. 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. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. Your rights are to use your property up to but not over the boundary line. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . These will also determine what can be done as far as replacing or repairing a fence. Establish the property lines instead. In Washington state, the law addresses in detail the rights and responsibilities . So, if you have been considering digging a, Read More Can I Dig a Well on My Property? 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. Boundary fences may be built by the municipality in some cases, especially in new developments. But, in some cases, your neighbor will not be so friendly. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Then, the court can order you to move it, take it down, or find an alternative. [iv] Miller v. Leonard, 588 So. Or see if your landlord can give you more information. Either way, dont tamper with a property barrier until you establish the rightful owner. You will only earn a small fine and a bad neighbor reputation. So, record your domain at the local courthouse. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. 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. Don't use this disagreement to vent months or years of anger at your neighbor. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. App. Get a surveyor to check and see if the fence is on the easement of the property. Branches from trees can often grow across property lines. But, some common themes typically arise. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. Is the replacement fence reasonably the same cost? You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Click on a link to the section: You cannot force your neighbor to put up a fence. Such person is considered a tortfeasor. Shes a copywriter and editor for several home renovation companies in the U.S. and works alongside some of the biggest names in the industry. . 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. Before you erect any fence, you should confirm your exact property boundary lines. Stop fussing with the neighbors over the boundary fence. When I built my fence, I had it surveyed and placed it 3" from the property line. How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. Your neighbour can cut back that part of the hedge that . The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). In this case, both neighbors have the right to the fence. Generally, a partition fence is built equally on both sides of the line. I objected to his extension and stated that under no circumstances could he take down the fence. Ask them to split the cost of a survey to see whose property it sits on. 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. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. 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. USLegal has the lenders!--Apply Now--. For more details see our Privacy Policy. Can I Remove Utility Flags In My Yard: Is this Illegal? Your responsibility as a fence owner. 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. 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 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. Browse USLegal Forms largest database of85k state and industry-specific legal forms. A polite clarification might be all that is needed to . If youre on good terms with your neighbour, a friendly approach to point out the state of the fence and asking them what their plans are mightdo the trick. That means you have to determine the local mandates before doing anything. Texas does not have a specific state law that addresses boundary line fences.