Yes. A survey is the only way to sort it out. Anything can be agreed in a mediation. If you do not obtain approval, then you may open yourself up to legal issues. What To Do With Old Fence Posts (Heres What You Can Do). The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. 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. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. However, if one neighbor built the boundary fence, then they are responsible for it. However, they need to be able to prove this and then ask for your permission before they move the fence. In general, cities prohibit fencing that obstructs the view or slows traffic flow. They must follow the appropriate channels to get you to take it down. Fences are commonly involved in boundary disputes. If the property is rented or council-owned enquire with them if your neighbour has removed or . Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Can your neighbor legally do this? When I built my fence, I had it surveyed and placed it 3" from the property line. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. 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. This fence you have looks fine. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. I suspect were going to have to engage a surveyor to make that determination. However, this matter can be tricky to navigate so we . The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Expert: Catherine replied 2 years ago. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Choosing the Best Type of Fence for Your Garden. Tree Disputes #6 An overview of the Law in Australia - Lexology Neighbour is taking down MY fence! MoneySavingExpert Forum 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. Boundary disputes involve your neighbor using your property without your consent. link to How To Organize A Bathroom Closet. 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. This is for trees that do not require a permit from the council. You will want to know this regardless. On First of all, establish who is responsible for the fence on theboundary in question. If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. That means you have to determine the local mandates before doing anything. You might agree an alternative route for the fence. 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. 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. Its not difficult. Answer. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. And give the neighbors some logical reasons for the alteration. The standard for measuring damages for such removal or destruction is its value at the time. 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. So, always check the local regulations first. 100% positive Or see if your landlord can give you more information. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. 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. jobs, Can a neighbor remove your boundary fence without permission? There are two main areas when it comes to boundary line disputes. Frequently asked questions 2 June 2015 at 10:22AM. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. 1949). London Member since 20 Apr 2011 32 jobs, 97% positive feedback. 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. If you disagree with your neighbour about a wall or fence The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. My Neighbour's Hedge Is Overgrown. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Ready to change the property lines around your house? Glad it is all agreed and everything will be put in writing. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Neighbor's Encroachment Over Your Property Line - Porter Simon to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Does the tree belong to you? However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Have your neighbor agree to acknowledge your property right. In Washington state, the law addresses in detail the rights and responsibilities . Each county has different laws regarding property lines and boundary fences. Can neighbour remove boundary wall? Explained by Sharing Culture Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Next contact your city for any ordinances pertaining to the placement of fences. Your neighbors can remove fencing if it impedes their yard. Fences. 2. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library Dividing fences | State Library of NSW Boundary fences may be built by the municipality in some cases, especially in new developments. Such person is considered a tortfeasor. If your neighbor initially built the fence, then they are legally allowed to remove the fence. In this case, the neighbour would therefore have to be served notice as the extension affects their property. The fencing notice forms the basis for the owners to . And what can you do if they violate your property lines? A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Maybe call the building department and ask them to look for a permit for a fence? If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. Let the county Assessor or Recorder know about the new deal. Not if its a partition fence. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Either way, dont tamper with a property barrier until you establish the rightful owner. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Let us explain. If you want to post a question it is best to do so with an established account, or it will not show up. Local authorities really are not too concerned about fencing issues. But remember that fence posts should remain on your side of the property line. However, those rules might differ for rental estates, public areas, or government buildings. So, record your domain at the local courthouse. Whichever neighbor owns the boundary fence is responsible for it. Can i remove a fence encroaching on my property? Neighbour has replaced our boundary fence | Mumsnet Please note that Reddit automoderates posts by new accounts. They will update the public records as soon as possible. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. My neighbour doesn't want me to remove diseased trees on my land Every city has different rules regarding fences. Neighbour's Fence On My Land - Property Disputes 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 . The value is determined by replacement costs minus depreciation for age and use. That neighbor may have the right to modify the fence or remove it entirely. However, knowing exactly where your property lines are can be difficult. That way, you can sue nasty neighbors who try to tamper with your stuff. . Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Handbook of Florida Fence and Property Law: Boundaries and Possession In order for your neighbor to remove your boundary fence, they would have had to receive your permission first before they took down the fence, especially if you both signed a written agreement to share the responsibility of the fence. Then you have to find out if your neighbors have any rights to the existing structure. But, you shouldnt go directly to just removing the 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. Her hobbies include architecture, art, mental health, and fashion. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. 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 . 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. tree trunks are growing on a boundary and are destroying the boundary fence; . In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense.