2. Whichever neighbor owns the boundary fence is responsible for it. This means Yard Blogger may earn a commission if you make a purchase using any of our links. 32 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. When the fence needs maintaining in the future, its down to them or successive owners of their property. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. They can insist. Forcing a Neighbor to Remove an Ugly Fence . (Heres Whats Required). If you have a big piece of property and are thinking about getting a horse, you might be wondering, Read More Is It Legal to Have a Horse in Your Backyard?Continue, Some people enjoy their privacy so much that they prefer living in an exclusive private community. If you want to have privacy, you will have to put up a fence on your side of the property. Boundary fences may be built by the municipality in some cases, especially in new developments. the reasonable value of the fence as an enclosure at the time of its removal. In one instance, you may have an issue over where the boundary line of the property actually sits. I suspect were going to have to engage a surveyor to make that determination. You will want to know this regardless. There are two main areas when it comes to boundary line disputes. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. There would now be two fences along the boundary. Local authorities really are not too concerned about fencing issues. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Yes. 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. 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. If you want to post a question it is best to do so with an established account, or it will not show up. best to check with council planning department, Darlington Member since 7 Sep 2016 If they ignore your requests or neglect your lawful warnings, you can sue them in court. Then you have to find out if your neighbors have any rights to the existing structure. If your neighbor initially built the fence, then they are legally allowed to remove the fence. Editor, Marcus Herbert. 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? You can suggest to your neighbor that they sell the piece of land in question to you. Bono Construction. I had a fence that got blown over in a hurricane. The boundary fence around your property belongs to the person who built it. And give the neighbors some logical reasons for the alteration. If they disagree, you can hire a lawyer to help convince them. Neighbors must take you to court to dispute the fence placement. Then, determine whos responsible for its placement and upkeep. Please let me know if you are able to attend. But, you would still have to put up the fence yourself. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. In this case, the neighbour would therefore have to be served notice as the extension affects their property. If this isnt successful and you and your neighbour cannot come to an agreement, there may be no alternative than totake legal action and commence court proceedings. (Heres Whats Required)Continue, So, you have an event coming up, youre excited about it, and you want to let everyone know as, Read More Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors?Continue. Yourletter about yourdispute can be written in formal or informal terms. And you have to check local records to determine the owner in those cases. We use a range of cookies to improve your experience of our site. No Dig Vinyl Fence The white picket fence of your dreams, 2. feedback. Please get in contact with us either by calling the number below or emailing us. Must the encroachment over the boundary line be removed or may it legally remain in place? Fences pass by a sale of the land as the soil [iii]. The neighbors have to prove to the courts that your fence causes problems in the community. I live at [address], next door and am concerned there is a potential threat to health and safety. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Boundary Rules And Neighbour Disputes. Can your neighbor legally do this? Or see if your landlord can give you more information. We dont have a weed issue. 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. 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. 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. The construction of a fence into a street or highway is considered a nuisance. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. In some cases, yes, and in some cases, no. Can I Remove Utility Flags In My Yard: Is this Illegal? And some state laws may differ between counties. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. tree trunks are growing on a boundary and are destroying the boundary fence; . Boundary disputes involve your neighbor using your property without your consent. If the wall is on the right, then you must ask your neighbour. Or they can argue that your structure encroaches on their land. 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. A survey is the only way to sort it out. Thus, they must show ownership of the property to remove fencing around it. But, in some cases, your neighbor will not be so friendly. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. 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. Communicatingvia letter, also provides both parties with a written record of the dispute. 1991). 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 Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Texas does not have a specific state law that addresses boundary line fences. Ask them to split the cost of a survey to see whose property it sits on. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. 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. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. We will pay for the fence and retain ownership, responsibilities for repair etc. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. For example, most places say your structure cant exceed a certain height. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Make it clear in writing, you want this fence to stay. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Dont forget to check for any easements that may run through your property across the fence line. Neighbor cannot replace a boundary line fence without your permission. 1927). This can beuseful should the matter have to be resolved before acourt in the future. Terms and conditions Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. Also think about whether it's safe to cut back the roots. 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. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. It is not likely that you will face any jail time. I dont believe either of us can with certainty. 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. Is It Illegal to Walk Through a Gated Community? 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. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. jobs, In this situation, you really need to choose your battles wisely. You cannot force your neighbor to put up a fence. . Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. Let the county Assessor or Recorder know about the new deal. 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. 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. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. Either way, dont let people touch or move your stuff without consent. Before you erect any fence, you should confirm your exact property boundary lines. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. Or they can argue that your structure encroaches on their land. 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. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. The hedge has been there since the 1930s. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. 83% positive You have to remember if the root ball is removed and backfilled with soft materials the use of metal spikes will be suspect to movement.Most fence erecting companies would still requmend using concrete.the photos would suggest that is a significant height difference with the neighbour's property. During co-ownership of a fence, both neighbors are responsible for maintaining their side of the fence and also have shared rights to the fence. That means you have to determine the local mandates before doing anything. Anything can be agreed in a mediation. So, they cant remove boundary fencing even if they dont like its location. However, knowing exactly where your property lines are can be difficult. 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. Let us explain. Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side.. fencing and boundary accuracy - original boundary was straight whereas now it no longer is. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Bankruptcy isn't the worst that can happen to you. 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. [iv] Miller v. Leonard, 588 So. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. There are two main areas when it comes to boundary line disputes. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Knowing the rules and regulations for fences on boundary lines can help keep the peace. Or, you could do a land swap. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. 30 The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. 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. 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. But, you shouldnt go directly to just removing the fence. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Get a surveyor to check and see if the fence is on the easement of the property. 3.4K Posts. I understand that you may have been unaware of this issue before I broughtit to your attention. Maybe call the building department and ask them to look for a permit for a fence? 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. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Any higher would have to have planning permission. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Nothing in the Act prevents neighbours coming to their own agreement about a fence, for example that one owner will pay the whole cost, or coming to an agreement . My neighbour has just built an extension. 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. [v] Sanders v. Lefkovitz, 292 S.W. Then, keep detailed records of every decision you make. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. litigation and dispute resolution services here, Who handles property line disputes - England & Wales law, Conflicts involving trees on properties - UK property laws, Using alternative dispute resolution for property line disputes, Solving driveway property line disputes with neighbours, How to solve fence property line disputes in the UK, How to survey property/boundary lines in the UK. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. This post contains affiliate links from Amazon and other stores. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. The neighbors don't have the right to tamper with your private property. What constitutes "use " varies by state. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. And you cant always knock down or move existing structures even if you own them. Usually there will be a clear demarcation of who owns which part of the land and boundaries. In some areas, the fence remains the property of whomever paid to install and maintain it. 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. [ii] Trust v. Allamakee County Bd. Is it technically on the edge of your property and, therefore, belongs entirely to you? But remember that fence posts should remain on your side of the property line. Local fence laws work on the assumption that boundary fences benefit both property . Additionally, if you don't have a . Such person is considered a tortfeasor. 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! 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. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. In State v. Roberts, the court observed that persons unlawfully and willfully, burning; destroying; pulling down; injuring; or removing any fence, wall, or other enclosure shall be guilty of a misdemeanor[viii]. 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. Its worth knowing this before you get into a discussion (or worse, a disagreement), as you might decide that your neighbours solution is aesthetically worse than the current problem! Can a neighbor remove your boundary fence without permission? Laws about boundary fences can change based on where you live.