Is the old fence in need of replacement? What do I do if my letter doesnt solve the dispute? In a lot of states a boundary fence is the responsibility of both neighbors. According to my records, the [fence/hedge/other encroachment] is actually on my property. 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. [Add below paragraph if other options are viable]. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. What To Do With Old Fence Posts (Heres What You Can Do). When I bought my house I asked the neighbours behind if I could take out the old hedge (useless) and put up a fence, at my Down the decades, since 1937, the front divide between my semi and my neighbours has been wire fencing and then various forms of 2008-2023 MyBuilder Limited 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. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. Your neighbor can legally build a fence on the property line provided they are following the local ordinances and have notified you in advance and you have had no objections. 2. (Heres Whats Required)Continue, So, you have an event coming up, youre excited about it, and you want to let everyone know as, Read More Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors?Continue. Oregon law has specific provisions for such and while we dont debate that the fence needs maintenance, we do contest that it needs to be replaced in full. Generally, neighbours contribute equally. 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). But, some common themes typically arise. 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. 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. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. 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 ? That person makes the rules. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. However, those rules might differ for rental estates, public areas, or government buildings. 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 latters field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. And, if you tell him not to, Neighbor cannot come onto your property without y. 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 dont believe either of us can with certainty. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Ready to change the property lines around your house? When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. I look forward to seeing you on [date]. Section62 Forumite. 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 . London Member since 20 Apr 2011 32 jobs, 97% positive feedback. The same holds true for fence maintenance and repairs. Yourletter about yourdispute can be written in formal or informal terms. 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. This information will also be on your deeds. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? 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. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. Other places may view the fence as the joint property of both neighbors. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Can a neighbor remove your boundary fence without permission? feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. I suspect were going to have to engage a surveyor to make that determination. Thank you for your cooperation on this matter. We've just had about 9k of . Just my two cents here, but do you know who owns the fence? There would now be two fences along the boundary. Additionally, if you don't have a . Boundary fences may be built by the municipality in some cases, especially in new developments. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . But you might be struggling to figure out what kind of paint to use on garage walls. The neighbours can agree on their contribution, or have this decided by an arbitrator. 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. The location of a fence determines the jurisdiction of the court to determine the dispute. You could hit it with some restoring wash and then stain it and it would look almost new. 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. So, always check the local regulations first. 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. Thus, they must show ownership of the property to remove fencing around it. Generally to protect yourself from future . 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. 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. My neighbour has planning permission for an extension. The Council acknowledged they were at fault and came up with the solution of building . to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. On A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. By . It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. 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 you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. The hedge has been there since the 1930s. Dividing Fences Act. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. [Amended by 1981 c.897 30]. Local fence laws work on the assumption that boundary fences benefit both property . If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. Please refer to our full affiliate disclosure policy for full details. Plus, they can sue if your fence is too high. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. 1949). You might agree an alternative route for the fence. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. Your neighbors can remove fencing if it impedes their yard. But hire a lawyer for more information. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. That will only escalate the situation. If your neighbours fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. The neighbors dont have the right to tamper with your private property. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Specify a reasonable period in which the neighbor should fix the encroachment, for . 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. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Letter templates for resolving property line disputes. So, record your domain at the local courthouse. You may need to get a copy of the titlr plan for both yours and your neighbours properties to check who is responsible for maintaining the boundary, because if the T does not fall on your land it may not show up on the title plan to your property. DID YOU KNOW: Some communities restrict the type of fencing you can use. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Perhaps we could meet to discuss these options [next week/add relevant date]. They have plants growing over the fence on their side. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. This is a complicated legal matter that we will try to make more straightforward for you. Establish the property lines instead. The fencing notice forms the basis for the owners to . Removing your neighbors fence is illegal if you do not obtain their permission. What happens when one of those neighbors decides they want to remove a boundary fence though? Today at 9:15AM. the reasonable value of the fence as an enclosure at the time of its removal. 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. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. You can't make changes to your side without their permission, such as painting it. Usually, cities determine height limitations by the landscape and the traffic. As for painting the fence I cannot see a problem at all . 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. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. Your neighbour might agree to remove the fence. Your neighbor is not legally allowed to remove your boundary fence. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. The construction of a fence into a street or highway is considered a nuisance. There would now be two fences along the boundary. There you have it - the common laws around trees and garden boundaries. In this case, both neighbors have the right to the fence. When in doubt, do good to thy neighbor even if they do not do good to you. - Fences are a part of the realty and become affixed to the land. If so, please would you take a look and arrange for the necessary work in order to make it safe? Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. To put the fence on the boundary would mean digging the rockery up as it straddles the boundary with UPDATE - Thanks for the advice guys! The neighbor who erected and obtained the permit for the fence owns it. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. 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. Either way, dont tamper with a property barrier until you establish the rightful owner. By continuing to use the site, you agree to our use of these cookies.
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