Letter templates for resolving property line disputes. Boundary disputes involve your neighbor using your property without your consent. Some states define use as occupancy - such as using the land up to the fence . 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. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Branches from trees can often grow across property lines. Additionally, if you don't have a . To comment on this thread you need to create a Mumsnet account. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. You might also enjoy our post on Can My Neighbor Move My Fence? This can beuseful should the matter have to be resolved before acourt in the future. The public authority is empowered to remove fences encroaching a public street or highway[ii]. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence . Local laws differ regarding who owns a fence built on the property line. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. These will also determine what can be done as far as replacing or repairing a fence. Also think about whether it's safe to cut back the roots. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. I doubt this would qualify as a partition fence but I could be wrong. 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. Dividing Fences Act. I dont believe either of us can with certainty. In one instance, you may have anissue over where the boundary line of the property actually sits. The same holds true for fence maintenance and repairs. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. Thank you for your cooperation on this matter. 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. Then you have to find out if your neighbors have any rights to the existing structure. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If they disagree, you can hire a lawyer to help convince them. Ct. App. jobs, If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. If the fence is on your side of the property line, then the fence is yours. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. This can be found in the deeds to your property. What To Do With Old Fence Posts (Heres What You Can Do). Your neighbor is not legally allowed to remove your boundary fence. According to my records, the [fence/hedge/other encroachment] is actually on my property. My Neighbour's Hedge Is Overgrown. link to What Kind Of Paint For Garage Walls. We will pay for the fence and retain ownership, responsibilities for repair etc. Causing permanent damage to your property. Old boundary fence becomes legal? So, be sure to check your local laws for more information. In a lot of states a boundary fence is the responsibility of both neighbors. 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 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. 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. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. 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. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Establish the property lines instead. Find out more. When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. 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. Well only use this information to handle your enquiry and we wont share it with any third parties. Can your neighbor legally do this? link to How To Organize A Bathroom Closet. So, look up public records to find out. This evidence should hold up in court above everything else. Is the replacement fence reasonably the same cost? 2. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! These templates can be used to invite a neighbour to meet regarding your property line dispute. 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. [Add below paragraph if other options are viable]. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. I suspect were going to have to engage a surveyor to make that determination. In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. I am writing regarding the [insert species] tree on your property. 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. 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. 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. A survey is the only way to sort it out. Dividing fences are a common cause of disputes between neighbours. The construction of a fence into a street or highway is considered a nuisance. Or your neighbour might offer you some cash to leave it where it is. In some states, the neighbors can claim your land if they prove you abandoned it. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. And you have to check local records to determine the owner in those cases. This information will also be on your deeds. Bristol Member since 1 Jun 2016 That means you have to determine the local mandates before doing anything. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. 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. Section62 Forumite. 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. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. In this situation, you really need to choose your battles wisely. There are two main areas when it comes to boundary line disputes. That means barriers that block entrances or hide street signs are illegal. Click on a link to the section: 1956). You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. Step 1 - Talk to your neighbour. The proof involves documentation of your property lines. 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. On If you're in an argument with a neighbor over a property issue, follow these steps: 1. We were happy enough for them to do this and agreed verbally. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. My fence needs . Fences are a part of the realty and become affixed to the land. Please refer to our full affiliate disclosure policy for full details. A title deed will show your propertys boundaries but they usually do not mention any structures that fall within the boundary or directly on the boundary, such as a boundary fence. We dont have a weed issue. For example, this seller received $145,000 less than his asking price because there was an ongoing boundary dispute over a two-foot-wide strip of his driveway that actually belonged to his neighbors. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. 1.2K Posts. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Terms and conditions It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. Usually, cities determine height limitations by the landscape and the traffic. Today at 9:15AM. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. It depends on where you live. Thats because you have rights as the homeowner. Laws about boundary fences can change based on where you live. Usually in the rear corner of the yard. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. If you go down this route your neighbour should . But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. 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 you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. There you have it - the common laws around trees and garden boundaries. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. Your neighbor is not legally allowed to remove your boundary fence. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. And they can also sue you if you dont take it down when they ask. So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. 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. Before you erect any fence, you should confirm your exact property boundary lines. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. JavaScript seems to be disabled in your browser. Can a neighbor remove your boundary fence without permission? This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. They have plants growing over the fence on their side. 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. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. But you might be struggling to figure out what kind of paint to use on garage walls. Bankruptcy isn't the worst that can happen to you. Your neighbors can remove fencing if it impedes their yard. You could hit it with some restoring wash and then stain it and it would look almost new. Have your neighbor agree to acknowledge your property right. 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. Discuss your plans with your neighbour before you start putting . Between 2 to 8 inches. If the fence is sitting directly on the property line there might be a grandfather clause that allows it to go back directly on the property line. Or they can argue that your structure encroaches on their land. A fence in a boundary dispute will arise when one neighbor claims that the fence is on their property without their consent and the at-fault neighbor refuses the claim. Removing your neighbors fence is illegal if you do not obtain their permission. It is not likely that you will face any jail time. Is the old fence in need of replacement? Then, keep detailed records of every decision you make. I had a fence that got blown over in a hurricane. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Registered in England No. Then, give them time to make repairs. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. 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. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. you agreed to accept cookies from this website - thank you. Local fence laws work on the assumption that boundary fences benefit both property . 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. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Perhaps we could meet to discuss these options [next week/add relevant date]. So, be sure to maintain the area around your property line. If yourown fence has seen better days, find out more about our fence repair services. However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. So what can you do? However, in cases where your neighbor doesn . 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. 05272398. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. Such person is considered a tortfeasor. Fences pass by a sale of the land as the soil[iii]. If your neighbor initially built the fence, then they are legally allowed to remove the fence. In some areas, the fence remains the property of whomever paid to install and maintain it. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. Not if its a partition fence. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. 83% positive [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. Fence erected inside boundary line. The Council acknowledged they were at fault and came up with the solution of building . Also, the . For example, most places say your structure cant exceed a certain height. Let the county Assessor or Recorder know about the new deal. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. So, work toward peaceful living by utilizing the legal system. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. 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. Yard Blogger is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. And make sure the fence height is allowed in your neighborhood. So, the homeowner is usually responsible for its location and upkeep. 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. They can confront you to negotiate or consult law enforcement instead. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. jobs, Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. 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. Other places may view the fence as the joint property of both neighbors. Sharing a boundary line with a neighbor can unfortunately lead to conflict. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day. Do I Need Planning Permission For a Fence? 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]. 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. I am keen to resolve this situation quickly and amicably. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Generally, neighbours contribute equally. For example, . Otherwise, you can sue them for maintaining a common nuisance or endangering the community. Must the encroachment over the boundary line be removed or may it legally remain in place? Make it clear in writing, you want this fence to stay. If you're not splitting the cost, then let it stay until it's literally falling over. Bono Construction. the reasonable value of the fence as an enclosure at the time of its removal. The hedge has been there since the 1930s. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. This post contains affiliate links from Amazon and other stores. London Member since 20 Apr 2011 We often link to other websites, but we can't be responsible for their content.
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