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. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. The Council acknowledged they were at fault and came up with the solution of building . Thats because you could get in trouble for vandalism or trespassing if youre not careful. Yes. The location of a fence determines the jurisdiction of the court to determine the dispute. Letter templates for resolving property line disputes. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. Your responsibility as a fence owner. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Some states define use as occupancy - such as using the land up to the fence . If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. You may be able to sue your neighbor for removing your boundary fence but after the legal costs and likely very long wait time to be seen in small courts, it may be more worth your time and money to just erect a new fence on your property line. 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. 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. If you want to post a question it is best to do so with an established account, or it will not show up. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Your Get free, zero-commitment quotes from pro contractors near you. 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. That means you have to determine the local mandates before doing anything. These templates can be used to invite a neighbour to meet regarding your property line dispute. Our website uses cookies. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. A polite clarification might be all that is needed to . Generally, a partition fence is built equally on both sides of the line. 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. Local laws differ regarding who owns a fence built on the property line. Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter's field . 30 We will pay for the fence and retain ownership, responsibilities for repair etc. I understand that you may have been unaware of this issue before I broughtit to your attention. Boundary fences are supposed to help separate properties and eliminate disputes. I am keen to resolve this issue amicably and as quickly as possible. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. You dont have to stand by as your next-door neighbor ruins your fencing. Please let me know if you are able to attend. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. feedback. No Dig Vinyl Fence The white picket fence of your dreams, 2. So, be sure to maintain the area around your property line. You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. The same holds true for fence maintenance and repairs. Your property is on a corner and has more than one frontage. Yourletter about yourdispute can be written in formal or informal terms. Maybe call the building department and ask them to look for a permit for a fence? the reasonable value of the fence as an enclosure at the time of its removal. 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. My neighbour has planning permission for an extension. Yes. Texas does not have a specific state law that addresses boundary line fences. 100% positive Knowing the rules and regulations for fences on boundary lines can help keep the peace. I want to tell them to take thing down. Oregon law has specific provisions for such and while we dont debate that the fence needs maintenance, we do contest that it needs to be replaced in full. 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 [ii] Trust v. Allamakee County Bd. Stop fussing with the neighbors over the boundary fence. They say good fences make great neighbors. 2. App. If they wont do that pay for it yourself. 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. When the fence needs maintaining in the future, its down to them or successive owners of their property. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. 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. Heres everything you need to know. 1991). Therefore, I would like to suggest a meeting at [location eg. 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. My neighbour has moved the boundary fence on to my land. In this case, the neighbour would therefore have to be served notice as the extension affects their property. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Each firm is independent of the others and regulated separately. Terms and conditions And if you live in an urban area, the limitations on acceptable fencing could be even stricter. 1949). Spite Fences: . Click on a link to the section: You also cant cause a nuisance with your fence or put the neighbors in danger. Don't use this disagreement to vent months or years of anger at your neighbor. Neighbors must take you to court to dispute the fence placement. Editor, Marcus Herbert. You can quite easily trim back leaves and branches, and you can even trim back roots if they are invasive, however this may have a detrimental impact on the whole plant. If they disagree, you can hire a lawyer to help convince them. Press J to jump to the feed. 1.2K Posts. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. This is a complicated legal matter that we will try to make more straightforward for you. 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. Fences pass by a sale of the land as the soil[iii]. But you might be struggling to figure out what kind of paint to use on garage walls. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). 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. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. Bono Construction. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. Boundary disputes involve your neighbor using your property without your consent. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). Fence erected inside boundary line. It has really helped clarify the situation. Bankruptcy isn't the worst that can happen to you. Well only use this information to handle your enquiry and we wont share it with any third parties. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. USLegal has the lenders!--Apply Now--. 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 the structure is on your side of the line, it belongs to you. How to Stop Your Neighbors Dog From Digging Under Your Fence. This evidence should hold up in court above everything else. You could also call an inspector out and ask if they recommend a repair or replacement. You can bring the matter up to your local municipality as fence laws are local ordinances. Cookies Usually, cities determine height limitations by the landscape and the traffic. My Neighbour's Hedge Is Overgrown. One of you OWNS the fence. Your neighbors can remove fencing if it impedes their yard. 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. 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. If they ignore your requests or neglect your lawful warnings, you can sue them in court. Your neighbour might agree to remove the fence. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. 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. They have plants growing over the fence on their side. If the wall is on the right, then you must ask your neighbour. This notice has to be served at least 21 days before submitting a planning application. That, my friends, is the question. 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]. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. This can be done by you, but you would need a plot map and you would have to locate the property pin. Is It Illegal to Walk Through a Gated Community? Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this. 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. So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. 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. 83% positive 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. However, in cases where your neighbor doesn . What To Do With Old Fence Posts (Heres What You Can Do). - So, they can't remove boundary fencing even if they don't like its location. If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . Trentwood Fencing Ltd 2022| Built by Kontrolit. Local fence laws work on the assumption that boundary fences benefit both property . However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. If you are planning to remove a large . The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. By continuing to use the site, you agree to our use of these cookies. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. Theres sometimes an assumption that every house is responsible for the boundary to its left, but this isnt always the case; neighbouring properties may have had completely different boundary responsibilitiesidentified by the land vendor when the houses were built. The neighbor who erected and obtained the permit for the fence owns it. But remember that fence posts should remain on your side of the property line. 2 June 2015 at 10:22AM. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). That placement gives your lawn a sleek appearance and better curb appeal. This is for trees that do not require a permit from the council. Or, you could do a land swap. I am keen to resolve this situation quickly and amicably. The construction of a fence into a street or highway is considered a nuisance. 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. If you want to have privacy, you will have to put up a fence on your side of the property. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. In this case, the boundary fence belongs to both of you. If your neighbour owns the wall or fence. Giambrone provides client services worldwide through its member firms and affiliates, including Giambrone & Partners LLP, Giambrone & Partners Studio Legale Associato, Giambrone & Partners Sociedad Limitada Profesional and their subsidiaries and affiliates. The proof involves documentation of your property lines. 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. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. 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. DID YOU KNOW: Some communities restrict the type of fencing you can use. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. They can insist. 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. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. There you have it - the common laws around trees and garden boundaries. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. A partition fence is the joint property of adjacent landowners. The issue is whether it needs to be repaired or replaced and thats the matter being debated. About 50% of the fence now has trenches under . The fence is your beighbour's as he purchased and erected it. However, those rules might differ for rental estates, public areas, or government buildings. 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? ), with fence ideas that look great, too. 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. London Member since 20 Apr 2011 Thus, they must show ownership of the property to remove fencing around it. You can both try to be sensitive. Or they can argue that your structure encroaches on their land. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Boundary fences are owned by both owners when both use the fence. It also suggests negative things about the neighbour who makes changes to a . In some areas, the fence remains the property of whomever paid to install and maintain it. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. . [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! However, they need to be able to prove this and then ask for your permission before they move the fence. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. 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. a local cafe or other neutral space] on [date] at [time]. Also think about whether it's safe to cut back the roots. 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. 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. We use a range of cookies to improve your experience of our site. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Registered in England No. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 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. A private individual cannot claim damages from the authorities for removal of encroached fence. The location of a fence determines the jurisdiction of the court to determine the dispute. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. 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! - I am willing to sell the encroached land to you for a price agreed by an external surveyor. My neighbour has just built an extension. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? In civil actions, the burden is upon the plaintiff, to prove the removal or damages. They will update the public records as soon as possible. If your neighbor initially built the fence, then they are legally allowed to remove the 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. Before you erect any fence, you should confirm your exact property boundary lines. Often hedges, fences or trees can encroach on a property line. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. best to check with council planning department, Darlington Member since 7 Sep 2016 The hedge has been there since the 1930s. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. 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. I objected to his extension and stated that under no circumstances could he take down the fence. Can a Neighbour remove a boundary fence? 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. 892, 899 (Miss. How Long Does It Take To Install A Fence? Do I Need Planning Permission For a Fence? In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. You cannot force your neighbor to put up a fence. Basically our neighbour informed us they were replacing the boundary fence between our properties assuming it was theirs as it runs to the left of their property. What do I do if my letter doesnt solve the dispute? feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. They can confront you to negotiate or consult law enforcement instead. Anything can be agreed in a mediation. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. When in doubt, do good to thy neighbor even if they do not do good to you. 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. Either way, dont let people touch or move your stuff without consent. 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. Besides, you should speak to your neighbor directly before you go to the police. Attach your survey or plat map highlighting the disputed area. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission.