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. Press question mark to learn the rest of the keyboard shortcuts. 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. Stop fussing with the neighbors over the boundary fence. 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. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. 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. the last 3 words need to be clarified. Then, give them time to make repairs. Fencing in Victoria | Dispute Settlement Centre of Victoria Also think about whether it's safe to cut back the roots. Are you able to meet up on [provide two possible days/times] to try and find a way forward? And what can you do if they violate your property lines? And make sure your neighbors are maintaining their fences correctly. I want to tell them to take thing down. 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. These templates can be used to invite a neighbour to meet regarding your property line dispute. Generally, a partition fence is built equally on both sides of the line. Fence issue. My neighbor has asked us to pay to remove the boundary For an improper removal of a partition fence, an aggrieved party can bring an action for damages. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. 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. 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. Click on a link to the section: Laws about boundary fences can change based on where you live. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. I am keen to settlethis issue - as I am sure you are too. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Bono Construction. 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. 100% positive Fencing Laws and Your Neighbors: FAQs - FindLaw In this case, the boundary fence belongs to both of you. For more details see our Privacy Policy. You might agree an alternative route for the fence. Stay Legal with These Must-Know California Fence Laws! - Home Garden Guides Let us explain. You can't make changes to your side without their permission, such as painting it. In a suit for damages for removal of fences, courts grant injunctions: Some statutes award criminal penalties on individuals who unlawfully fence the land of another. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. You can both try to be sensitive. According to my records, the [fence/hedge/other encroachment] is actually on my property. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. I dont believe either of us can with certainty. Either way, dont tamper with a property barrier until you establish the rightful owner. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. We use a range of cookies to improve your experience of our site. Is the old fence in need of replacement? 05272398. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. That means barriers that block entrances or hide street signs are illegal. 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! Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. 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. As for painting the fence I cannot see a problem at all . If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Your best bet will be erecting the fence well within your property's boundaries. Your neighbor may be entitled to move your fence if it encroaches on their property. the reasonable value of the fence as an enclosure at the time of its removal. But, some common themes typically arise. 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. 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. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Either way, dont let people touch or move your stuff without consent. Most cities have ordinances that require fences to be built a minimum of 6 off of the property line in order to prevent disputes such as this. Branches from trees can often grow across property lines. 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. Your property is on a corner and has more than one frontage. Ask them to split the cost of a survey to see whose property it sits on. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. There you have it - the common laws around trees and garden boundaries. Removing your neighbors fence is illegal if you do not obtain their permission. DID YOU KNOW: Some communities restrict the type of fencing you can use. This is assuming the boundary fence lies directly on the property line. 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. Our website uses cookies. You could also call an inspector out and ask if they recommend a repair or replacement. Fence Building Law Basics for Homeowners - The Spruce Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. In this case, the boundary fence belongs to both of you. They say good fences make great neighbors. So, they can't remove boundary fencing even if they don't like its location. Your rights are to use your property up to but not over the boundary line. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. 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. So, always check the local regulations first. Maybe call the building department and ask them to look for a permit for a fence? (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Then, determine whos responsible for its placement and upkeep. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. It MIGHT say something about who has to maintain it. 2 June 2015 at 10:22AM. Re: Encroachment of [fence/hedge/other encroachment] onmy land. 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 . After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. Dividing fences are a common cause of disputes between neighbours. So, do your research before erecting a new one. When I built my fence, I had it surveyed and placed it 3" from the property line. Heres how to do it: Make sure they agree with the proposed boundary change. 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. Why send a letter to settle a property line dispute? So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. The neighbor who erected and obtained the permit for the fence owns it. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. 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. Line Fences Act | ontario.ca There are some exceptions if the works are urgent or the adjoining owner cannot be located. Your neighbor is not legally allowed to remove your boundary fence. 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. a local cafe or other neutral space] on [date] at [time]. 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). 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. If you want to post a question it is best to do so with an established account, or it will not show up. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. This case shows the importance of checking your legal position before you remove any boundary . 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. Common Laws Around Trees and Garden Boundaries Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Generally to protect yourself from future . Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. But hire a lawyer for more information. Fencing law - Consumer NZ If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . But remember that fence posts should remain on your side of the property line. This notice has to be served at least 21 days before submitting a planning application. If yourown fence has seen better days, find out more about our fence repair services. 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. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. Before you erect any fence, you should confirm your exact property boundary lines. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. In California, two inches from the property line is enough when building the fence. Besides, you should speak to your neighbor directly before you go to the police. My fence needs . A private individual cannot claim damages from the authorities for removal of encroached fence. I objected to his extension and stated that under no circumstances could he take down the fence. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Although we disagree about this, we are neighbours andneed to resolve the problem. . 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. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. The neighbours can agree on their contribution, or have this decided by an arbitrator. But, you shouldnt go directly to just removing the fence. My neighbour doesn't want me to remove diseased trees on my land Fences and Neighbors FAQ | Nolo Make it clear in writing, you want this fence to stay. This evidence should hold up in court above everything else. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Remove part of boundary fence and build on boundry - Gardening discussion Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. ), with fence ideas that look great, too. Therefore, I would like to suggest a meeting at [location eg. However, if one neighbor built the boundary fence, then they are responsible for 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. The proof involves documentation of your property lines. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. What do I do if my letter doesnt solve the dispute? Neighbour replaced fence without asking me! - netmums.com The location of a fence determines the jurisdiction of the court to determine the dispute. Can neighbour remove boundary wall? Explained by Sharing Culture 1.2K Posts. 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. 1949). of Supervisors, 599 N.W.2d 460 (Iowa 1999). As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. 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. In general, cities prohibit fencing that obstructs the view or slows traffic flow. 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. Then you have to find out if your neighbors have any rights to the existing structure. Your neighbor is not legally allowed to remove your boundary fence. 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). Boundary fences are owned by both owners when both use the fence. Privacy notice Can my neighbour remove the hedge? - Saga If your neighbour owns the wall or fence. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 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 . Civ. The hedge has been there since the 1930s. 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. The fencing notice forms the basis for the owners to . Neighbour's Fence On My Land - Property Disputes I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter.
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