As I left for work this morning, he handed me a builders business card and said his builder is starting work today, and will be taking down the fence. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. This is assuming the boundary fence lies directly on the property line. 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. Thats because you have rights as the homeowner. On We were happy enough for them to do this and agreed verbally. Thus, they must show ownership of the property to remove fencing around it. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . They must follow the appropriate channels to get you to take it down. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. There are some exceptions if the works are urgent or the adjoining owner cannot be located. Neighbors can make the choice to put up a boundary fence if they both want to provide privacy to each other but there is no law that states you have to have a boundary fence. Still can't believe we didn't discuss this properly before work commenced. Most of the time, this is not a cause for concern, but sometimes it can be dangerous, and you will need to discuss this with your neighbour. However, illegal fencing doesnt give people the right to remove it without notice. 1927). Zippity Vinyl Fence Perfect for adding some style to your yard. But, in some cases, your neighbor will not be so friendly. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. VAT Number 990 1088 14 | Company Number 8513999 Generally, neighbours contribute equally. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. The neighbours can agree on their contribution, or have this decided by an arbitrator. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Attach your survey or plat map highlighting the disputed area. Can I Remove Utility Flags In My Yard: Is this Illegal? 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. We will pay for the fence and retain ownership, responsibilities for repair etc. They have plants growing over the fence on their side. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. I live at [address], next door and am concerned there is a potential threat to health and safety. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. So, be sure to check your local laws for more information. Hi I have 4 neighbours bordering the length of my back garden on one side. A partition fence is the joint property of adjacent landowners. The boundary fence around your property belongs to the person who built it. You could hit it with some restoring wash and then stain it and it would look almost new. jobs, Editor, Marcus Herbert. 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. Fences pass by a sale of the land as the soil [iii]. Communicatingvia letter, also provides both parties with a written record of the dispute. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. 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. 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. 83% positive Fences are not transitory, as personal estate. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . Privacy notice 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. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. 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. Or ask the court to help you change the parameters. Generally, a partition fence is built equally on both sides of the line. 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. 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. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. The best way to settle a boundary dispute is to talk to your neighbor first. My Neighbour's Hedge Is Overgrown. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. Each county has different laws regarding property lines and boundary fences. We often link to other websites, but we can't be responsible for their content. Causing permanent damage to your property. This information will also be on your deeds. 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. Then, the court can order you to move it, take it down, or find an alternative. Between 2 to 8 inches. But, you shouldnt go directly to just removing the fence. If your neighbors attach anything to your . 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. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. 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. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. (Check for This First), Do I Need a Permit for a Pergola? These will also determine what can be done as far as replacing or repairing a fence. 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. 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. You can both try to be sensitive. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. For an improper removal of a partition fence, an aggrieved party can bring an action for damages. That, my friends, is the question. On Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. Your Get free, zero-commitment quotes from pro contractors near you. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. The neighbors have to prove to the courts that your fence causes problems in the community. But, some common themes typically arise. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. The fencing notice forms the basis for the owners to . Fences are commonly involved in boundary disputes. But other factors can affect the rules as well. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. For more information or to arrange an appointment please fill in the form below. 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. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. 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 California, two inches from the property line is enough when building the fence. No Dig Vinyl Fence The white picket fence of your dreams, 2. If your neighbor initially built the fence, then they are legally allowed to remove the fence. feedback. Also, the . Or see if your landlord can give you more information. Please get in contact with us either by calling the number below or emailing us. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. About 50% of the fence now has trenches under . Until then, people cant tear up your property just because they dont like it. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. 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. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. 2d 79, 81 (La. Please note that Reddit automoderates posts by new accounts. Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Step 1 - Talk to your neighbour. Anything can be agreed in a mediation. I doubt this would qualify as a partition fence but I could be wrong. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. 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. The value is determined by replacement costs minus depreciation for age and use. 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 . The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Such person is considered a tortfeasor. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. (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? That person makes the rules. Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled. So what can you do? That will only escalate the situation. 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. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Your best bet will be erecting the fence well within your property's boundaries. 12 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. Convenient, Affordable Legal Help - Because We Care! It MIGHT say something about who has to maintain it. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. However, these deeds typically dont mention any structures, such as fences. Thank you. For example, the neighbor's hedge or fence is encroaching on your property. As for painting the fence I cannot see a problem at all . 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. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. In Washington state, the law addresses in detail the rights and responsibilities . 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. If they ignore your requests or neglect your lawful warnings, you can sue them in court. They also have the right to remove the fence when they please. Any higher would have to have planning permission. Create an account to follow your favorite communities and start taking part in conversations. Get a surveyor to check and see if the fence is on the easement of the property. Spite Fences: . 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. 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. We've just had about 9k of . Fences are not transitory, as personal estate. However, if neither of you put up the fence, then both of you share responsibility and ownership of the fence and your neighbor should have asked your permission first. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. If you want to have privacy, you will have to put up a fence on your side of the property. The Council acknowledged they were at fault and came up with the solution of building . Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. 1956). [iv] Miller v. Leonard, 588 So. 97% positive 05272398. . 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. You will only earn a small fine and a bad neighbor reputation. link to How To Organize A Bathroom Closet. Boundary disputes involve your neighbor using your property without your consent. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. 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? 32 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. However, if one neighbor built the boundary fence, then they are responsible for it. Generally to protect yourself from future . I am keen to resolve this issue amicably and as quickly as possible. If the tree is not yours, do you know who is responsible? Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. A survey is the only way to sort it out. Is the old fence in need of replacement? You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. [v] Sanders v. Lefkovitz, 292 S.W. Boundary fences may be built by the municipality in some cases, especially in new developments. For example, . This post contains affiliate links from Amazon and other stores. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. You can do several things if a neighbor refuses to fix their broken fence. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove 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). The issue is whether it needs to be repaired or replaced and thats the matter being debated. Why send a letter to settle a property line dispute? [Add below paragraph if other options are viable]. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. Every city has different rules regarding fences. 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. Or they can argue that your structure encroaches on their land. Welcome to /r/Legal, a community for discussing legal topics. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. 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. There would now be two fences along the boundary. And some state laws may differ between counties.