Yes. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Answer. Thanks for your answers. Is It Illegal to Walk Through a Gated Community? However, if neither of you built the fence, then your neighbor is not allowed to just take it down. 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. If you want to post a question it is best to do so with an established account, or it will not show up. 1991). The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. Or they can argue that your structure encroaches on their land. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. I just want to know if I can legally remove the screws his has put in to my property. Is It Legal to Have a Horse in Your Backyard? Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. But, you would still have to put up the fence yourself. Then, determine whos responsible for its placement and upkeep. In some areas, the fence remains the property of whomever paid to install and maintain it. This can be done by you, but you would need a plot map and you would have to locate the property pin. ), with fence ideas that look great, too. If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. Well only use this information to handle your enquiry and we wont share it with any third parties. For more information or to arrange an appointment please fill in the form below. . Yard Blogger is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. 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. Why send a letter to settle a property line dispute? Just my two cents here, but do you know who owns the fence? Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. Old boundary fence becomes legal? Must the encroachment over the boundary line be removed or may it legally remain in place? This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. You might also enjoy our post on Can My Neighbor Move My Fence? Fences and trees along the property line can easily give rise to disagreements. Meanwhile, find property lines like this: Once you establish the borders, you can hang no trespassing signs to prevent unauthorized entry. For example, most places say your structure cant exceed a certain height. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. The neighbors dont have the right to tamper with your private property. Glad it is all agreed and everything will be put in writing. 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 . They're actually not next door neighbours so to speak, it's a strange garden configuration and they actually live on a cul-de-sac that's a few minutes walk away, but that long fence is theirs. 2 June 2015 at 10:22AM. Bankruptcy isn't the worst that can happen to you. Branches from trees can often grow across property lines. So, the homeowner is usually responsible for its location and upkeep. Cookies The proof involves documentation of your property lines. You can use the contract in court because its legally binding. Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated.They have also damaged lots of very . First off get a surveyor to find the exact property line. If you do not obtain approval, then you may open yourself up to legal issues. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove 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. We just cant afford it to be honest. You can't make changes to your side without their permission, such as painting it. Any higher would have to have planning permission. You cannot force your neighbor to put up a fence. Fence erected inside boundary line. 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. And some state laws may differ between counties. How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. That person makes the rules. Every city has different rules regarding fences. Describe the violation. 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. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. 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. 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. This can beuseful should the matter have to be resolved before acourt in the future. Don't use this disagreement to vent months or years of anger at your neighbor. 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. It depends on where you live. Therefore, I would like to suggest a meeting at [location eg. 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. I would be grateful if you would look into this as a matter of urgency. Can your neighbor legally do this? This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. In some cases, yes, and in some cases, no. But hire a lawyer for more information. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. [iv] Miller v. Leonard, 588 So. For example, this seller received $145,000 less than his asking price because there was an ongoing boundary dispute over a two-foot-wide strip of his driveway that actually belonged to his neighbors. Does the tree belong to you? In this situation, you really need to choose your battles wisely. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. You are physically removing something that you do not own, which is breaking the law in most areas. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Zippity Vinyl Fence Perfect for adding some style to your yard. 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. They have plants growing over the fence on their side. You should take care not to cause unnecessary damage to the tree. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. 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. It MIGHT say something about who has to maintain it. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. If they disagree, you can hire a lawyer to help convince them. The neighbours can agree on their contribution, or have this decided by an arbitrator. 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. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . you disabled cookies on this website - some functions will not operate as intended. Fences pass by a sale of the land as the soil[iii]. 2. If they ignore your requests or neglect your lawful warnings, you can sue them in court. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. 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. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. Usually in the rear corner of the yard. 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. I am keen to resolve this issue amicably and as quickly as possible. Section62 Forumite. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. If so, please would you take a look and arrange for the necessary work in order to make it safe? Let the county Assessor or Recorder know about the new deal. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. feedback. Figure it out. Stay civil. 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. So, confront them first in person or writing. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. 2d 79, 81 (La. But remember that fence posts should remain on your side of the property line. This post contains affiliate links from Amazon and other stores. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone.

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