Press J to jump to the feed. best to check with council planning department, Darlington Member since 7 Sep 2016 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. 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. 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. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. Also think about whether it's safe to cut back the roots. Yes. 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 In one instance, you may have an issue over where the boundary line of the property actually sits. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. However, those rules might differ for rental estates, public areas, or government buildings. 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. Cookies you agreed to accept cookies from this website - thank you. Dividing fences are a common cause of disputes between neighbours. You are physically removing something that you do not own, which is breaking the law in most areas. We often link to other websites, but we can't be responsible for their content. Either way, dont tamper with a property barrier until you establish the rightful owner. And you have to check local records to determine the owner in those cases. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. The proof involves documentation of your property lines. Generally, neighbours contribute equally. Step 1 - Talk to your neighbour. They can insist. In State v. Roberts, the court observed that persons unlawfully and willfully, burning; destroying; pulling down; injuring; or removing any fence, wall, or other enclosure shall be guilty of a misdemeanor[viii]. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Boundary fences can cause much dispute and debate between neighbours. But if it rests in your neighbors yard, its their responsibility. In this case, the boundary fence belongs to both of you. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. 3.4K Posts. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . 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! If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Property boundaries. 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. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. To comment on this thread you need to create a Mumsnet account. DID YOU KNOW: Some communities restrict the type of fencing you can use. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! This is assuming the boundary fence lies directly on the property line. My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property. 2d 79, 81 (La. Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled. And you cant always knock down or move existing structures even if you own them. By . Thus, they must show ownership of the property to remove fencing around it. 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. 892, 899 (Miss. Fence erected inside boundary line. 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. Before you erect any fence, you should confirm your exact property boundary lines. But, some common themes typically arise. I am writing regarding the [insert species] tree on your property. Expert: Catherine replied 2 years ago. 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. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. If yourown fence has seen better days, find out more about our. Stay civil. When I built my fence, I had it surveyed and placed it 3" from the property line. Click on a link to the section: The boundary fence around your property belongs to the person who built it. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. 1956). However, if one neighbor built the boundary fence, then they are responsible for it. Texas does not have a specific state law that addresses boundary line fences. Ct. App. That placement gives your lawn a sleek appearance and better curb appeal. I understand that you may have been unaware of this issue before I broughtit to your attention. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. And the deal is good until someone changes it. In one instance, you may have anissue over where the boundary line of the property actually sits. 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. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. The same holds true for fence maintenance and repairs. [Amended by 1981 c.897 30]. Heres how to do it: Make sure they agree with the proposed boundary change. Lets examine what a boundary dispute is and how it can impact your life. That, my friends, is the question. Local laws differ regarding who owns a fence built on the property line. There would now be two fences along the boundary. 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. Or see if your landlord can give you more information. Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council on board and I am sure they will back you up. 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. Attach your survey or plat map highlighting the disputed area. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. However, they need to be able to prove this and then ask for your permission before they move the fence. Registered in England No. 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. But, you shouldnt go directly to just removing the fence. Your rights are to use your property up to but not over the boundary line. My neighbour has just built an extension. 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. Establish the property lines instead. If you want to have privacy, you will have to put up a fence on your side of the property. Do I Need Planning Permission For a Fence? You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. On The Act does not deal with disputes about fences that are not on a boundary line. I am keen to settlethis issue - as I am sure you are too. We use a range of cookies to improve your experience of our site. You can use the contract in court because its legally binding. 12 Perhaps we could meet to discuss these options [next week/add relevant date]. 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. Let the county Assessor or Recorder know about the new deal. So, confront them first in person or writing. Our website uses cookies. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. I objected to his extension and stated that under no circumstances could he take down the fence. Rules about private fencing can vary from state to state. Unless the tree is protected by a tree preservation order, you are allowed to: cut an overhanging branch back to the point where it enters your property. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. Each county has different laws regarding property lines and boundary fences. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. So, look up public records to find out. Fences are a part of the realty and become affixed to the land. Describe the violation. Is It Legal to Have a Horse in Your Backyard? Section62 Forumite. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. A person is liable for removing, destroying, or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liable[i]. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. I dont believe either of us can with certainty. It has really helped clarify the situation. the cost for replacing the fence with a new fence; the cost of returning the property to the condition it was in before the damage; or. Then, keep detailed records of every decision you make. Press question mark to learn the rest of the keyboard shortcuts. Worked at a fence company for 10+ years. jobs, Can a neighbor remove your boundary fence without permission? Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. And some state laws may differ between counties. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. 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. 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. 1991). I suspect were going to have to engage a surveyor to make that determination. Create an account to follow your favorite communities and start taking part in conversations. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Local authorities really are not too concerned about fencing issues. Your neighbour can cut back that part of the hedge that . Boundary Rules And Neighbour Disputes. . 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. 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. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this. 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. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Local fence laws work on the assumption that boundary fences benefit both property . Usually there will be a clear demarcation of who owns which part of the land and boundaries. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). In some areas, the fence remains the property of whomever paid to install and maintain it. They're actually not next door neighbours so to speak, it's a strange garden configuration and they actually live on a cul-de-sac that's a few minutes walk away, but that long fence is theirs. This is a complicated legal matter that we will try to make more straightforward for you. For more details see our Privacy Policy. 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 . The best way to settle a boundary dispute is to talk to your neighbor first. JavaScript seems to be disabled in your browser. a local cafe or other neutral space] on [date] at [time]. They have plants growing over the fence on their side. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. 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. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? Good day . 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. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. Or your neighbour might offer you some cash to leave it where it is. Each firm is independent of the others and regulated separately. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. (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? Instead, you should avoid the drama and put up a new fence yourself on your side of the property. The fencing notice forms the basis for the owners to . Neighbor cannot replace a boundary line fence without your permission. About 50% of the fence now has trenches under . However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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. However, illegal fencing doesnt give people the right to remove it without notice. But other factors can affect the rules as well.
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