The construction of a fence into a street or highway is considered a nuisance. 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. 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. A person is liable for removing, destroying, or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liable[i]. Each county has different laws regarding property lines and boundary fences. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Thanks for your answers. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. Discuss your plans with your neighbour before you start putting . Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. Are you able to meet up on [provide two possible days/times] to try and find a way forward? However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Therefore, I would like to suggest a meeting at [location eg. Next contact your city for any ordinances pertaining to the placement of fences. My fence needs . [iv] Miller v. Leonard, 588 So. 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. These templates can be used to invite a neighbour to meet regarding your property line dispute. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. This information will also be on your deeds. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). Your rights are to use your property up to but not over the boundary line. And, if you tell him not to, Neighbor cannot come onto your property without y. First off get a surveyor to find the exact property line. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. A polite clarification might be all that is needed to . The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. Plus, they can sue if your fence is too high. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Thus, they must show ownership of the property to remove fencing around it. So, be sure to check your local laws for more information. They just want a new fence - admittedly its not the prettiest fence and is old and were fine maintaining it but dont feel like we should have to pay for a new fence just because they would like a new one. By continuing to use the site, you agree to our use of these cookies. If yourown fence has seen better days, find out more about our fence repair services. If you want to post a question it is best to do so with an established account, or it will not show up. 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. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. A survey is the only way to sort it out. Between 2 to 8 inches. 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. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. Or see if your landlord can give you more information. Whatever the case, try to avoid heated arguments with the neighbors. 3.4K Posts. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. Bristol Member since 1 Jun 2016 04/03/2016 18:32, Thanks so much for all the replies. 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. Have your neighbor agree to acknowledge your property right. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. Boundary fences are owned by both owners when both use the fence. Each firm is independent of the others and regulated separately. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Spite Fences: . If you're in an argument with a neighbor over a property issue, follow these steps: 1. If you do not wish to remove your [fence/hedge/other encroachment] there is the possibility of my selling or "lending" you this strip of land on the understanding that you acknowledge my ownership of the land. Thank you for your cooperation on this matter. Boundary fences may be built by the municipality in some cases, especially in new developments. Or ask the court to help you change the parameters. 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. Specify a reasonable period in which the neighbor should fix the encroachment, for . If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. For example, most places say your structure cant exceed a certain height. I understand that you may have been unaware of this issue before I broughtit to your attention. 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 neither neighbor put up the fence, then the ownership is shared. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. But, you would still have to put up the fence yourself. Privacy notice we have now removed the fence which is damaged, but the new neighbours say that because the fence has been there for some time, that the boundary has now changed . In this case, both neighbors have the right to the fence. What are the 4 types of boundary disputes? So, they cant remove boundary fencing even if they dont like its location. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. Well only use this information to handle your enquiry and we wont share it with any third parties. Can I Remove Utility Flags In My Yard: Is this Illegal? Any higher would have to have planning permission. Usually in the rear corner of the yard. Section62 Forumite. Sharing a boundary line with a neighbor can unfortunately lead to conflict. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. In one instance, you may have anissue over where the boundary line of the property actually sits. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. That means you have to determine the local mandates before doing anything. The neighbours can agree on their contribution, or have this decided by an arbitrator. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. 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. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. You also cant cause a nuisance with your fence or put the neighbors in danger. 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. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. Registered in England No. Browse USLegal Forms largest database of85k state and industry-specific legal forms. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Don't use this disagreement to vent months or years of anger at your neighbor. In this case, the boundary fence belongs to both of you. But, some common themes typically arise. 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. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Click on a link to the section: Your property is on a corner and has more than one frontage. (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. VAT Number 990 1088 14 | Company Number 8513999 Neighbors must take you to court to dispute the fence placement. Boundary fences can cause much dispute and debate between neighbours. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. For example, . 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. 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. Or your neighbour might offer you some cash to leave it where it is. 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. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. And give the neighbors some logical reasons for the alteration. If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. In general, you should always build boundary fences with the panels facing outward along the border. If neither of you put up the fence and it is directly on the property line, then you have both have ownership of the fence and any decisions regarding the fence must have approval from both parties. Fences are commonly involved in boundary disputes. Knowing the rules and regulations for fences on boundary lines can help keep the peace. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Choosing the Best Type of Fence for Your Garden. We dont have a weed issue. Then, the court can order you to move it, take it down, or find an alternative. 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. 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 . App. I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. "neighbour has screwed new fence posts to my garage on the boundary". If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. It is more the dam cheak than anything else. I had a fence that got blown over in a hurricane. If they ignore your requests or neglect your lawful warnings, you can sue them in court. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. It has really helped clarify the situation. This is assuming the boundary fence lies directly on the property line. Not if its a partition fence. You dont have to stand by as your next-door neighbor ruins your fencing. 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. For more information or to arrange an appointment please fill in the form below. 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. 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. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. Convenient, Affordable Legal Help - Because We Care! A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. In Washington state, the law addresses in detail the rights and responsibilities . In general, cities prohibit fencing that obstructs the view or slows traffic flow. Resolving conflicts involving trees on properties. 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. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. 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.
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