If the wall is on the right, then you must ask your neighbour. What are the 4 types of boundary disputes? You must have JavaScript enabled in your browser to utilize the functionality of this website. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. For example, most places say your structure cant exceed a certain height. . If your neighbors attach anything to your . How Long Does It Take To Install A Fence? In this case, both neighbors have the right to the fence. Civ. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . 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. 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. We dont have a weed issue. 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. 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 so, then I'm not certain they have the ability to say that as a demand so much as a request unless your local law says they do. Then, youll receive notice in the mail confirming the change. However, these deeds typically dont mention any structures, such as fences. Dont forget to check for any easements that may run through your property across the fence line. Of course, if the tree is not yours, please let me know, and I will contact the council. - Local fence laws work on the assumption that boundary fences benefit both property . I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. 97% positive Or see if your landlord can give you more information. [v] Sanders v. Lefkovitz, 292 S.W. It MIGHT say something about who has to maintain it. I doubt this would qualify as a partition fence but I could be wrong. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. However, those rules might differ for rental estates, public areas, or government buildings. Rules on boundary fences vary from city to city but they all mostly follow common themes such as who has ownership and when and who has responsibility for the maintenance of the fence. Fences and trees along the property line can easily give rise to disagreements. A private individual cannot claim damages from the authorities for removal of encroached fence. In some cases, yes, and in some cases, no. Can my Neighbour remove boundary fence? [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. 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. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. In some states, the neighbors can claim your land if they prove you abandoned it. 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. My fence needs . "neighbour has screwed new fence posts to my garage on the boundary". The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. The fencing notice forms the basis for the owners to . Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. So, do your research before erecting a new one. 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. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. About 8 years ago -we put a fence up in our garden about two feet in from the boundary because the previous neighbour refused to cut back bramble. 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. Attach your survey or plat map highlighting the disputed area. My neighbour has moved the boundary fence on to my land. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Fence erected inside boundary line. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. Figure it out. The neighbors dont have the right to tamper with your private property. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. The neighbors have to prove to the courts that your fence causes problems in the community. But you might be struggling to figure out what kind of paint to use on garage walls. Spite Fences: . And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Risking potential violent behavior from your neighbor. Forcing a Neighbor to Remove an Ugly Fence . feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. They also have the right to remove the fence when they please. Usually in the rear corner of the yard. 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. It depends on where you live. Get a surveyor to check and see if the fence is on the easement of the property. So, look up public records to find out. Our website uses cookies. 1949). Communicatingvia letter, also provides both parties with a written record of the dispute. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? 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. 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. You might agree an alternative route for the fence. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. I've attached a copy of my survey/plat map to illustrate this. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. So, be sure to check your local laws for more information. In California, two inches from the property line is enough when building the fence. But if it rests in your neighbors yard, its their responsibility. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. What To Do With Old Fence Posts (Heres What You Can Do). A partition fence is the joint property of adjacent landowners. We've just had about 9k of . 32 Depending on neighbors. 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. This is assuming the boundary fence lies directly on the property line. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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. Often hedges, fences or trees can encroach on a property line. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Fences are a part of the realty and become affixed to the land. 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. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. 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. In general, you should always build boundary fences with the panels facing outward along the border. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. jobs, Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. So, they can't remove boundary fencing even if they don't like its location. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. There you have it - the common laws around trees and garden boundaries. Is It Legal to Have a Horse in Your Backyard? The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. I understand you wouldn't have done this on purpose, so I'm writing to you to see if we can clear this matter up. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Plus, they can sue if your fence is too high. If you are encroaching on your neighbors property in a certain area, you can suggest that they can have a piece of your land in another area. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Next contact your city for any ordinances pertaining to the placement of fences. Generally, a partition fence is built equally on both sides of the line. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. of Supervisors, 599 N.W.2d 460 (Iowa 1999). (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. Any higher would have to have planning permission. This information will also be on your deeds. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. You can determine whose fence is whose by looking at the property line. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. Answered 3rd Jun 2016. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. 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. 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. My neighbour has planning permission for an extension. Boundary disputes involve your neighbor using your property without your consent. Causing permanent damage to your property. Neighbor cannot replace a boundary line fence without your permission. 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 ? Until then, people cant tear up your property just because they dont like it. 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. In Washington state, the law addresses in detail the rights and responsibilities . Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Can your neighbor legally do this? In one instance, you may have anissue over where the boundary line of the property actually sits. we have now removed the fence which is damaged, but the new neighbours say that because the fence has been there for some time, that the boundary has now changed . Or they can argue that your structure encroaches on their land. Worked at a fence company for 10+ years. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. 100% positive As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. There would now be two fences along the boundary. If so, please would you take a look and arrange for the necessary work in order to make it safe? 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 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. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. 2 June 2015 at 10:22AM. Find out more. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. 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. People often disagree over who pays for the building and upkeep of the fence, or the type of fence needed, particularly when one neighbour wants a fence for a specific purpose, such as to keep a dog.Your legal rights concerning a fence between your neighbour's and your land which are . Knowing the rules and regulations for fences on boundary lines can help keep the peace. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. I just want to know if I can legally remove the screws his has put in to my property. (Heres Whats Required). Thus, they must show ownership of the property to remove fencing around it. If the fence is directly on your property line and you have both been maintaining the fence and the area around it, then your neighbor cannot remove the boundary fence. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Trentwood Fencing Ltd 2022| Built by Kontrolit. 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 . They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Then, the court can order you to move it, take it down, or find an alternative. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . One of you OWNS the fence. [ii] Trust v. Allamakee County Bd. Your neighbour might agree to remove the fence. Its not difficult. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. If the property is rented or council-owned enquire with them if your neighbour has removed or . 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. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. 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. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. However, this matter can be tricky to navigate so we . And you cant always knock down or move existing structures even if you own them. 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. Make it clear in writing, you want this fence to stay. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. When I built my fence, I had it surveyed and placed it 3" from the property line. App. 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. Usually, cities determine height limitations by the landscape and the traffic. I want to tell them to take thing down. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. A polite clarification might be all that is needed to . You dont have to stand by as your next-door neighbor ruins your fencing. The proof involves documentation of your property lines. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? 1991). However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. Although we disagree about this, we are neighbours andneed to resolve the problem. Press J to jump to the feed. You are physically removing something that you do not own, which is breaking the law in most areas. You also cant cause a nuisance with your fence or put the neighbors in danger. Are you able to meet up on [provide two possible days/times] to try and find a way forward? But hire a lawyer for more information. Thats because you have rights as the homeowner. You should take care not to cause unnecessary damage to the tree. Convenient, Affordable Legal Help - Because We Care! 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. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 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. If they disagree, you can hire a lawyer to help convince them. That means you have to determine the local mandates before doing anything. If neither of you put up the fence and it is directly on the property line, then you have both have ownership of the fence and any decisions regarding the fence must have approval from both parties. We were happy enough for them to do this and agreed verbally. However, in cases where your neighbor doesn . Stop fussing with the neighbors over the boundary fence. 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. Discuss your plans with your neighbour before you start putting . Boundary fences are owned by both owners when both use the fence. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Your property is on a corner and has more than one frontage. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. 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. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. If they ignore your requests or neglect your lawful warnings, you can sue them in court. The boundary fence around your property belongs to the person who built it. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. I suspect were going to have to engage a surveyor to make that determination. But if that is a fence on the property line, they'll need your consent to proceed with the removal. Editor, Marcus Herbert. Ct. App. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. And give the neighbors some logical reasons for the alteration. Old boundary fence becomes legal? If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. I spoke with our neighbour this afternoon and we came to an agreement. You could hit it with some restoring wash and then stain it and it would look almost new. You can bring the matter up to your local municipality as fence laws are local ordinances.