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. 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. . This can beuseful should the matter have to be resolved before acourt in the future. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. best to check with council planning department, Darlington Member since 7 Sep 2016 The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. martinsurrey Forumite. Ask them to split the cost of a survey to see whose property it sits on. If the structure is on your side of the line, it belongs to you. 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. Welcome to /r/Legal, a community for discussing legal topics. They also have the right to remove the fence when they please. Choosing the Best Type of Fence for Your Garden. Stay civil. Also think about whether it's safe to cut back the roots. Texas does not have a specific state law that addresses boundary line fences. You can use the contract in court because its legally binding. Fences and trees along the property line can easily give rise to disagreements. You might also enjoy our post on Can My Neighbor Move My Fence? In some areas, the fence remains the property of whomever paid to install and maintain it. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. feedback, hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ? Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Until then, people cant tear up your property just because they dont like it. I'm just getting in touch regarding the [insert species if known] tree at [location]. I objected to his extension and stated that under no circumstances could he take down the fence. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. So, look up public records to find out. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. Fences are not transitory, as personal estate. However, they need to be able to prove this and then ask for your permission before they move the fence. you agreed to accept cookies from this website - thank you. For example, most places say your structure cant exceed a certain height. 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. So, record your domain at the local courthouse. If your neighbors attach anything to your . To comment on this thread you need to create a Mumsnet account. Knowing the rules and regulations for fences on boundary lines can help keep the peace. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. Local fence laws work on the assumption that boundary fences benefit both property . What To Do With Old Fence Posts (Heres What You Can Do). (Heres Whats Required). I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. 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 the fence is on your side of the property line, then the fence is yours. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days. I spoke with our neighbour this afternoon and we came to an agreement. I am writing regarding the [insert species] tree on your property. [ii] Trust v. Allamakee County Bd. 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. Our website uses cookies. 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. 32 But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. As for painting the fence I cannot see a problem at all . I look forward to seeing you on [date]. Your Get free, zero-commitment quotes from pro contractors near you. Thank you. Bankruptcy isn't the worst that can happen to you. The situation typically evolves into a dispute when the neighbor has been approached about the situation and either denies what they are doing or refuses to do anything about it. However, for negligent action on the part of the public authority, s/he can sue for damages. This is assuming the boundary fence lies directly on the property line. My neighbour has moved our boundary fence without consulting with me and has erected a small fence in its place.This has been our boundary for 37 years and is constructed of a privet hedge. Make it clear in writing, you want this fence to stay. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. That neighbor may have the right to modify the fence or remove it entirely. If they disagree, you can hire a lawyer to help convince them. Additionally, if you believe your neighbor has put up a fence to spite you, such as blocking a view, then you might be able to sue your neighbor for private nuisance. A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. The neighbors have to prove to the courts that your fence causes problems in the community. 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. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . 83% positive As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. 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. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. 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. Why send a letter to settle a property line dispute? The issue is whether it needs to be repaired or replaced and thats the matter being debated. Falling out with them is likely to prove even more stressful; pursuing legal channels is only really an option when your neighbours fence is causing a safety hazard. Your neighbour might agree to remove the fence. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . But if that is a fence on the property line, they'll need your consent to proceed with the removal. So, work toward peaceful living by utilizing the legal system. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. And they can also sue you if you dont take it down when they ask. The proof involves documentation of your property lines. Additionally, in determining the amount of compensation for the taking of land in order to widen a street, injuries to fences have been considered as a proper element of damages. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. jobs, My Neighbour's Hedge Is Overgrown. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. If yourown fence has seen better days, find out more about our fence repair services. 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. 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. For example, . This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Fences are a part of the realty and become affixed to the land. What do I do if my letter doesnt solve the dispute? The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. 2 June 2015 at 10:22AM. 1949). (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? 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. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Try to be fair. If you do not wish to remove your [fence/hedge/other encroachment] there is the possibility of my selling or "lending" you this strip of land on the understanding that you acknowledge my ownership of the land. hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ? So, they can't remove boundary fencing even if they don't like its location. We often link to other websites, but we can't be responsible for their content. Please note when writing your letter that if you want to sell or lease part of your land to your neighbour, you will need to gain permission from your mortgage provider. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Boundary Rules And Neighbour Disputes. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. 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. However, in cases where your neighbor doesn . Please let us know how you heard about us, Administrative Law, Public Sector and Procurements, Private Client Services: Inheritance, Wills and Trusts, Trust, Inheritance and Succession Disputes, Property line disputes: letter templates to resolve issues. You can suggest to your neighbor that they sell the piece of land in question to you. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Generally, a partition fence is built equally on both sides of the line. Then you have to find out if your neighbors have any rights to the existing structure. Or they can argue that your structure encroaches on their land. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. When the fence needs maintaining in the future, its down to them or successive owners of their property. You could also call an inspector out and ask if they recommend a repair or replacement. Fences are not transitory, as personal estate. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. You are allowed to sell a property engaged in an ongoing boundary dispute but you should be aware that it may affect your property value and you may have to disclose the dispute to potential buyers. If neither neighbor put up the fence, then the ownership is shared. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. A question which may be important depending where you live .. you said it lies between the properties but that you're the one maintaining it and the neighbor wants you to pay for the replacement? Old boundary fence becomes legal? (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? However, these deeds typically dont mention any structures, such as fences. 30 Also, the . Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. The Council acknowledged they were at fault and came up with the solution of building . Or ask the court to help you change the parameters. 100% positive 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. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. Besides, you should speak to your neighbor directly before you go to the police. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. When I built my fence, I had it surveyed and placed it 3" from the property line. 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. 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. 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. Section62 Forumite. Create an account to follow your favorite communities and start taking part in conversations. 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. If you go down this route your neighbour should . Always remember anyone can post on the MSE forums, so it can be very different from our opinion. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. But other factors can affect the rules as well. Whatever the case, try to avoid heated arguments with the neighbors. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. 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 ? The fence is your beighbour's as he purchased and erected it. ), with fence ideas that look great, too. Any higher would have to have planning permission. Hi I have 4 neighbours bordering the length of my back garden on one side. First of all, establish who is responsible for the fence on theboundary in question. You must have JavaScript enabled in your browser to utilize the functionality of this website. Figure it out. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! 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. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. Other places may view the fence as the joint property of both neighbors. This means Yard Blogger may earn a commission if you make a purchase using any of our links. 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. 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. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. 4 /9. A private individual cannot claim damages from the authorities for removal of encroached fence. If the property is rented or council-owned enquire with them if your neighbour has removed or . Does the tree belong to you? 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. Describe the violation. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Well only use this information to handle your enquiry and we wont share it with any third parties. London Member since 20 Apr 2011