And they can also sue you if you dont take it down when they ask. They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. 4 /9. 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 They must follow the appropriate channels to get you to take it down. What constitutes "use " varies by state. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. Your responsibility as a fence owner. 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. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. But, you shouldnt go directly to just removing the fence. Also think about whether it's safe to cut back the roots. 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. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. However, if one neighbor built the boundary fence, then they are responsible for it. But if it rests in your neighbors yard, its their responsibility. 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. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. And you cant always knock down or move existing structures even if you own them. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. Of course, if the tree is not yours, please let me know, and I will contact the council. 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. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. But remember that fence posts should remain on your side of the property line. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Expert: Catherine replied 2 years ago. Sitemap There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. This information will also be on your deeds. I live at [address], next door and am concerned there is a potential threat to health and safety. Let the county Assessor or Recorder know about the new deal. 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. If they wont do that pay for it yourself. However, this matter can be tricky to navigate so we . Worked at a fence company for 10+ years. I objected to his extension and stated that under no circumstances could he take down the fence. Still can't believe we didn't discuss this properly before work commenced. Either way, dont tamper with a property barrier until you establish the rightful owner. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. But, in some cases, your neighbor will not be so friendly. 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. When in doubt, do good to thy neighbor even if they do not do good to you. Have your neighbor agree to acknowledge your property right. I doubt this would qualify as a partition fence but I could be wrong. 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. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the 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. Zippity Vinyl Fence Perfect for adding some style to your yard. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. We use a range of cookies to improve your experience of our site. 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. This notice has to be served at least 21 days before submitting a planning application. Resolving conflicts involving trees on properties. 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 . 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. 100% positive The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. 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. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. 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. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. 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. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . 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. The location of a fence determines the jurisdiction of the court to determine the dispute. Bankruptcy isn't the worst that can happen to you. On Sharing a boundary line with a neighbor can unfortunately lead to conflict. Stay civil. Then, youll receive notice in the mail confirming the change. Or try to legally change the property lines if you cant settle the dispute. tree trunks are growing on a boundary and are destroying the boundary fence; . Your best bet will be erecting the fence well within your property's boundaries. And, if you tell him not to, Neighbor cannot come onto your property without y. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. I've attached a copy of my survey/plat map to illustrate this. Don't use this disagreement to vent months or years of anger at your neighbor. However, they need to be able to prove this and then ask for your permission before they move the fence. Stop fussing with the neighbors over the boundary fence. 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. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. Neighbors must take you to court to dispute the fence placement. 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. 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. You could also call an inspector out and ask if they recommend a repair or replacement. If you are planning to remove a large . Click on a link to the section: Some states define use as occupancy - such as using the land up to the fence . - In some areas, the fence remains the property of whomever paid to install and maintain it. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. [choose one of the below or offer a choice to your neighbour], - Please would you move your [fence/hedge/other encroachment], [number] metres/centimetres, so that it is no longer on my property, - Please consider this letter written permission for you to "borrow" this strip of land. "neighbour has screwed new fence posts to my garage on the boundary". Either way, dont let people touch or move your stuff without consent. 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. Then you have to find out if your neighbors have any rights to the existing structure. Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). Terms and conditions DID YOU KNOW: Some communities restrict the type of fencing you can use. 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). The issue is whether it needs to be repaired or replaced and thats the matter being debated. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. You will want to know this regardless. Boundary Rules And Neighbour Disputes. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. You must have JavaScript enabled in your browser to utilize the functionality of this website. Section62 Forumite. I am keen to settlethis issue - as I am sure you are too. Get a surveyor to check and see if the fence is on the easement of the property. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. You might also enjoy our post on Can Your Neighbor Paint Your Fence? We just cant afford it to be honest. Local fence laws work on the assumption that boundary fences benefit both property . JavaScript seems to be disabled in your browser. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. It MIGHT say something about who has to maintain it. 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! That, my friends, is the question. 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. That person makes the rules. 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. Dont forget to check for any easements that may run through your property across the fence line. Maybe call the building department and ask them to look for a permit for a fence? Fence erected inside boundary line. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . [Add below paragraph if other options are viable]. For more details see our Privacy Policy. And make sure your neighbors are maintaining their fences correctly. But hire a lawyer for more information. 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. 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. When the fence needs maintaining in the future, its down to them or successive owners of their property. There are two main areas when it comes to boundary line disputes. I dont believe either of us can with certainty. So, look up public records to find out. If you want to post a question it is best to do so with an established account, or it will not show up. This is a complicated legal matter that we will try to make more straightforward for you. 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 they disagree, you can hire a lawyer to help convince them. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. In California, two inches from the property line is enough when building the fence. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Establish the property lines instead. 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]. ), with fence ideas that look great, too. The same holds true for fence maintenance and repairs. 97% positive 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. 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. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. We dont have a weed issue. Is It Illegal to Walk Through a Gated Community? One of you OWNS the fence. Local authorities really are not too concerned about fencing issues. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Bono Construction. 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.
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