And the deal is good until someone changes it. There are two main areas when it comes to boundary line disputes. 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. In some cases, yes, and in some cases, no. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. You can do several things if a neighbor refuses to fix their broken fence. Usually there will be a clear demarcation of who owns which part of the land and boundaries. link to What Kind Of Paint For Garage Walls. Is it technically on the edge of your property and, therefore, belongs entirely to you? A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. The Council acknowledged they were at fault and came up with the solution of building . If they fail to notify you of the intent to remove the fence there is zero repercussions and you do know now many find out when the fence is gone. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Specify a reasonable period in which the neighbor should fix the encroachment, for . I would be grateful if you would look into this as a matter of urgency. Your neighbor is not legally allowed to remove your boundary fence. So now comes the tricky part of figuring out if the boundary fence is indeed a boundary fence or if it actually belongs to you or your neighbor. Letter templates for resolving property line disputes. Your Get free, zero-commitment quotes from pro contractors near you. Discuss your plans with your neighbour before you start putting . No Dig Vinyl Fence The white picket fence of your dreams, 2. Ct. App. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. A building on the boundary is not considered a fence. Neighbor can't do anything about it. 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. Most of the time, this is not a cause for concern, but sometimes it can be dangerous, and you will need to discuss this with your neighbour. Or they can argue that your structure encroaches on their land. However, if neither of you put up the fence, then both of you share responsibility and ownership of the fence and your neighbor should have asked your permission first. And some state laws may differ between counties. 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. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. Also, the . However, they need to be able to prove this and then ask for your permission before they move the fence. However, these deeds typically dont mention any structures, such as fences. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. Also think about whether it's safe to cut back the roots. If they ignore your requests or neglect your lawful warnings, you can sue them in court. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. This means Yard Blogger may earn a commission if you make a purchase using any of our links. 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. Not if its a partition fence. According to my records, the [fence/hedge/other encroachment] is actually on my property. This can be done by you, but you would need a plot map and you would have to locate the property pin. Bristol Member since 1 Jun 2016 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. Whatever the case, try to avoid heated arguments with the neighbors. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. They say good fences make great neighbors. By continuing to use the site, you agree to our use of these cookies. Either way, don't let people touch or move your stuff . So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. best to check with council planning department. In Washington state, the law addresses in detail the rights and responsibilities . Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. VAT Number 990 1088 14 | Company Number 8513999 And what can you do if they violate your property lines? Or try to legally change the property lines if you cant settle the dispute. Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. Your property is on a corner and has more than one frontage. 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. Answered 3rd Jun 2016. 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. 97% positive 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. So, they can't remove boundary fencing even if they don't like its location. Your neighbors can remove fencing if it impedes their yard. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Neighbors must take you to court to dispute the fence placement. You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. 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. 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. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. And make sure your neighbors are maintaining their fences correctly. jobs, 1.2K Posts. I had a fence that got blown over in a hurricane. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? Your neighbour might agree to remove the fence. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. 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. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. That will only escalate the situation. We will pay for the fence and retain ownership, responsibilities for repair etc. you disabled cookies on this website - some functions will not operate as intended. [iv] Miller v. Leonard, 588 So. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . However, if neither of you built the fence, then your neighbor is not allowed to just take it down. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Try to be fair. Press question mark to learn the rest of the keyboard shortcuts. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. There is no party wall agreement between us and they did not ask for permission. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. 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. 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 . Either way, dont let people touch or move your stuff without consent. The neighbor who erected and obtained the permit for the fence owns it. Or see if your landlord can give you more information. 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. But you cant establish the owner unless you can define the property lines. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. In this situation, you really need to choose your battles wisely. 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. How soon am I likely to get the answer. The owner of the fence is always responsible for fixing it. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. This case shows the importance of checking your legal position before you remove any boundary . What constitutes "use " varies by state. 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). My fence needs . You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Our website uses cookies. 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. If you go down this route your neighbour should . The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Thanks for your answers. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. . Thank you for your cooperation on this matter. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . For more information or to arrange an appointment please fill in the form below. 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. 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. Thats because you could get in trouble for vandalism or trespassing if youre not careful. - Then, give them time to make repairs. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Dividing Fences Act. . Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. 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 latter's field . My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! To learn more about how we use the cookies and how you can manage them, please see our cookies policy. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. The best way to settle a boundary dispute is to talk to your neighbor 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. A partition fence is the joint property of adjacent landowners. Is the old fence in need of replacement? The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. It has really helped clarify the situation. But what happens when fencing becomes the source of a dispute? JavaScript seems to be disabled in your browser.