neighbour has removed boundary fence neighbour has removed boundary fence

In general, you should always build boundary fences with the panels facing outward along the border. 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. Neighbors must take you to court to dispute the fence placement. 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. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. Are you able to meet up on [provide two possible days/times] to try and find a way forward? In this case, the neighbour would therefore have to be served notice as the extension affects their property. Hi I have 4 neighbours bordering the length of my back garden on one side. Thats because you have rights as the homeowner. 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. If the tree is not yours, do you know who is responsible? Each county has different laws regarding property lines and boundary fences. jobs, The neighbors don't have the right to tamper with your private property. Choosing the Best Type of Fence for Your Garden. Terms and conditions 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 have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. That means you have to determine the local mandates before doing anything. Is It Illegal to Walk Through a Gated Community? You could also call an inspector out and ask if they recommend a repair or replacement. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. But, you would still have to put up the fence yourself. of Supervisors, 599 N.W.2d 460 (Iowa 1999). These templates can be used to invite a neighbour to meet regarding your property line dispute. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). My neighbour has planning permission for an extension. - Civ. 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. Zippity Vinyl Fence Perfect for adding some style to your yard. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. This information will also be on your deeds. Next contact your city for any ordinances pertaining to the placement of fences. So now comes the tricky part of figuring out if the boundary fence is indeed a boundary fence or if it actually belongs to you or your neighbor. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. And make sure your neighbors are maintaining their fences correctly. And they can also sue you if you dont take it down when they ask. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. Thus, they must show ownership of the property to remove fencing around it. Then, give them time to make repairs. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . 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. That placement gives your lawn a sleek appearance and better curb appeal. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. These will also determine what can be done as far as replacing or repairing a fence. That will only escalate the situation. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. 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. I understand you wouldn't have done this on purpose, so I'm writing to you to see if we can clear this matter up. I objected to his extension and stated that under no circumstances could he take down the fence. Then, determine whos responsible for its placement and upkeep. 1991). Dividing Fences Act. The standard for measuring damages for such removal or destruction is its value at the time. So, be sure to maintain the area around your property line. Such person is considered a tortfeasor. If they wont do that pay for it yourself. (Check for This First), Do I Need a Permit for a Pergola? This can beuseful should the matter have to be resolved before acourt in the future. The location of a fence determines the jurisdiction of the court to determine the dispute. It also suggests negative things about the neighbour who makes changes to a . In this case, both neighbors have the right to the fence. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. They will update the public records as soon as possible. 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. 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. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. When in doubt, do good to thy neighbor even if they do not do good to you. the reasonable value of the fence as an enclosure at the time of its removal. I dont believe either of us can with certainty. Whichever neighbor owns the boundary fence is responsible for it. It MIGHT say something about who has to maintain it. That means barriers that block entrances or hide street signs are illegal. martinsurrey Forumite. I just want to know if I can legally remove the screws his has put in to my property. This is assuming the boundary fence lies directly on the property line. Is It Legal to Have a Horse in Your Backyard? Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Privacy notice About 50% of the fence now has trenches under . A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. 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. Glad it is all agreed and everything will be put in writing. A building on the boundary is not considered a fence. In general, cities prohibit fencing that obstructs the view or slows traffic flow. However, they need to be able to prove this and then ask for your permission before they move the fence. A title deed will show your propertys boundaries but they usually do not mention any structures that fall within the boundary or directly on the boundary, such as a boundary fence. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. 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. This case shows the importance of checking your legal position before you remove any boundary . 12 If you want to post a question it is best to do so with an established account, or it will not show up. What constitutes "use " varies by state. 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. In one instance, you may have anissue over where the boundary line of the property actually sits. Or your neighbour might offer you some cash to leave it where it is. 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. They also have the right to remove the fence when they please. On Either way, dont tamper with a property barrier until you establish the rightful owner. But, some common themes typically arise. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. We often link to other websites, but we can't be responsible for their content. In this situation, you really need to choose your battles wisely. Your responsibility as a fence owner. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. Describe the violation. 04/03/2016 18:32, Thanks so much for all the replies. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. I am keen to resolve this issue amicably and as quickly as possible. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. Thank you for your cooperation on this matter. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. 1927). Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Generally to protect yourself from future . feedback, hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ? London Member since 20 Apr 2011 32 jobs, 97% positive feedback. . However, if your neighbor put up a fence that is landing on your side of the property line, then you do have a small right to the fence. 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. The same holds true for fence maintenance and repairs. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. You cannot force your neighbor to put up a fence. I would be grateful if you would look into this as a matter of urgency. If they fail to notify you of the intent to remove the fence there is zero repercussions and you do know now many find out when the fence is gone. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. The neighbors dont have the right to tamper with your private property. Ct. App. On And give the neighbors some logical reasons for the alteration. Its not difficult. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. It is not likely that you will face any jail time. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? I am keen to settlethis issue - as I am sure you are too. 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. Some states define use as occupancy - such as using the land up to the fence . 30 Fences are a part of the realty and become affixed to the land. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. Boundary fences are supposed to help separate properties and eliminate disputes. The lawyers at Giambrone & Partners Sociedad Limitada Profesional are regulated by the Spanish Law Society (Ilustre Colegio de Abogados). You dont have to stand by as your next-door neighbor ruins your fencing. I had a fence that got blown over in a hurricane. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. 2 June 2015 at 10:22AM. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. DID YOU KNOW: Some communities restrict the type of fencing you can use. In some states, the neighbors can claim your land if they prove you abandoned it. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. Let us explain. 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. 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. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 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. Often hedges, fences or trees can encroach on a property line. But if it rests in your neighbors yard, its their responsibility. Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. The owner of the fence is always responsible for fixing it. 1.2K Posts. But, you shouldnt go directly to just removing the fence. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. I am keen to resolve this situation quickly and amicably. And you cant always knock down or move existing structures even if you own them. hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ? 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. I am writing regarding the [insert species] tree on your property. Your Get free, zero-commitment quotes from pro contractors near you. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. Heres how to do it: Make sure they agree with the proposed boundary change. Establish the property lines instead. Specify a reasonable period in which the neighbor should fix the encroachment, for . They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Or they can argue that your structure encroaches on their land. Heres everything you need to know. 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. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. Usually, cities determine height limitations by the landscape and the traffic. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. 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 . If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Well only use this information to handle your enquiry and we wont share it with any third parties. (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. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. So, look up public records to find out. Expert: Catherine replied 2 years ago. Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. you disabled cookies on this website - some functions will not operate as intended. Or ask the court to help you change the parameters. This evidence should hold up in court above everything else. [choose one of the below or offer a choice to your neighbour], - Please would you move your [fence/hedge/other encroachment], [number] metres/centimetres, so that it is no longer on my property, - Please consider this letter written permission for you to "borrow" this strip of land. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. VAT Number 990 1088 14 | Company Number 8513999 Yourletter about yourdispute can be written in formal or informal terms. 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. We've just had about 9k of . 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. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . Figure it out. However, illegal fencing doesnt give people the right to remove it without notice. If neither neighbor put up the fence, then the ownership is shared. There are two main areas when it comes to boundary line disputes. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. And make sure the fence height is allowed in your neighborhood. So, do your research before erecting a new one. However, for negligent action on the part of the public authority, s/he can sue for damages. Laws about boundary fences can change based on where you live. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. When the fence needs maintaining in the future, its down to them or successive owners of their property. Your neighbor may be entitled to move your fence if it encroaches on their property. But you cant establish the owner unless you can define the property lines. If your neighbor initially built the fence, then they are legally allowed to remove the fence. 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.