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. neighbour has screwed new fence posts to my garage on the boundary A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. Let the county Assessor or Recorder know about the new deal. However, they need to be able to prove this and then ask for your permission before they move the fence. Convenient, Affordable Legal Help - Because We Care! Fences. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Please be advised that if we cannot resolve this issue swiftly and amicably, I will be forced to take the matter to court, seeking an ejectment order to force the removal of the [fence/hedge/other encroachment] from my land. In this case, the boundary fence belongs to both of you. Although we disagree about this, we are neighbours andneed to resolve the problem. of Supervisors, 599 N.W.2d 460 (Iowa 1999). They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Can i remove a fence encroaching on my property? Thank you for your cooperation on this matter. Have your neighbor agree to acknowledge your property right. 1991). A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. 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. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. Handbook of Florida Fence and Property Law: Boundaries and Possession Your best bet will be erecting the fence well within your property's boundaries. Lets examine what a boundary dispute is and how it can impact your life. Before you erect any fence, you should confirm your exact property boundary lines. So, confront them first in person or writing. If they wont do that pay for it yourself. Its not difficult. 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. Whichever neighbor owns the boundary fence is responsible for it. a local cafe or other neutral space] on [date] at [time]. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. 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. 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 documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). However, illegal fencing doesnt give people the right to remove it without notice. best to check with council planning department, Darlington Member since 7 Sep 2016 Removal or Destruction of Fences - Fences - USLegal 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. Please let me know if you are able to attend. If the wall or fence seems dangerous, point this out because your neighbour might not be . 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. Your Get free, zero-commitment quotes from pro contractors near you. The neighbours can agree on their contribution, or have this decided by an arbitrator. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. Even if youve established that the problem fence is your neighbours responsibility, take some time to consider your options before you approach him or her. My neighbour has moved our boundary fence without consulting Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Would you be annoyed if your neighbour removed a boundary garden hedge This is assuming the boundary fence lies directly on the property line. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Boundaries and fences - South Australia Fences are a part of the realty and become affixed to the land. The fence is your beighbour's as he purchased and erected it. Hi I have 4 neighbours bordering the length of my back garden on one side. Neighbors must take you to court to dispute the fence placement. 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. best to check with council planning department. Fencing Laws and Your Neighbors: FAQs - FindLaw If the boundary fence lies directly on the property line, then both parties are responsible for the fence, Responsibility can be assigned to only one party if there is a signed written agreement between both neighbors, One party is not allowed to remove or change the look of the fence without the permission of the other party, Causing permanent damage to your property and possibly your neighbors, Risking potential violent behavior from your neighbor. In some cases, yes, and in some cases, no. If neither neighbor put up the fence, then the ownership is shared. Create an account to follow your favorite communities and start taking part in conversations. Property Line and Fence Laws in Washington - FindLaw to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 1949). Rules about private fencing can vary from state to state. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. 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. Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council on board and I am sure they will back you up. Regardless of the problem you are dealing with, it is crucial to resolve the issue quickly and amicably to avoid difficulties with your neighbours. 04/03/2016 18:32, Thanks so much for all the replies. Or see if your landlord can give you more information. [ii] Trust v. Allamakee County Bd. Spite Fences: . As for painting the fence I cannot see a problem at all . A private individual cannot claim damages from the authorities for removal of encroached fence. Templates for Writing a Property Line Dispute Letter - Giambrone Law Your neighbors can remove fencing if it impedes their yard. The neighbor who erected and obtained the permit for the fence owns it. Yes. Communicatingvia letter, also provides both parties with a written record of the dispute. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . In California, two inches from the property line is enough when building the fence. If the boundary fence is on someones side of the property line, then that neighbor owns it and is responsible for it. Bristol Member since 1 Jun 2016 We will pay for the fence and retain ownership, responsibilities for repair etc. And the deal is good until someone changes it. For example, . They must follow the appropriate channels to get you to take it down. 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. 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 neighbors don't have the right to tamper with your private property. First of all, establish who is responsible for the fence on theboundary in question. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. DID YOU KNOW: Some communities restrict the type of fencing you can use. dig up the root and cut a tree root back to the boundary or fence line of your property. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. We use a range of cookies to improve your experience of our site. That will only escalate the situation. Usually in the rear corner of the yard. Often hedges, fences or trees can encroach on a property line. So, the homeowner is usually responsible for its location and upkeep. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay In this case, both neighbors have the right to the fence. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides How soon am I likely to get the answer. Please note that Reddit automoderates posts by new accounts. link to How To Organize A Bathroom Closet. [iv] Miller v. Leonard, 588 So. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. Please refer to our full affiliate disclosure policy for full details. Or they can argue that your structure encroaches on their land. According to my records, the [fence/hedge/other encroachment] is actually on my property. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Every city has different rules regarding fences. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. USLegal has the lenders!--Apply Now--. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. Your neighbour might agree to remove the fence. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). Any higher would have to have planning permission. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. For more details see our Privacy Policy. What do I do if my letter doesnt solve the dispute? My neighbour doesn't want me to remove diseased trees on my land It depends on where you live. 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. You can suggest to your neighbor that they sell the piece of land in question to you. You should take care not to cause unnecessary damage to the tree. You could also call an inspector out and ask if they recommend a repair or replacement. I dont believe either of us can with certainty. The neighbors have to prove to the courts that your fence causes problems in the community. Each firm is independent of the others and regulated separately. Other places may view the fence as the joint property of both neighbors. In this situation, you really need to choose your battles wisely. Can a Neighbour remove a boundary fence? 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. 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.
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