You really dont have any power when it comes to demanding your neighbor to put up a fence since they own their property and have the right to do what they want with it and what they dont want to do with it. 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. And what can you do if they violate your property lines? It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. However, if one neighbor built the boundary fence, then they are responsible for it. Between 2 to 8 inches. Bankruptcy isn't the worst that can happen to you. I want to tell them to take thing down. And you cant always knock down or move existing structures even if you own them. Dividing Fences Act. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. 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.
Can neighbour remove boundary wall? Explained by Sharing Culture Dont forget to check for any easements that may run through your property across the fence line. So what can you do? 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. 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. You can't make changes to your side without their permission, such as painting it. Answer. 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. There are two main areas when it comes to boundary line disputes. London Member since 20 Apr 2011 By continuing to use the site, you agree to our use of these cookies. Just my two cents here, but do you know who owns the fence? Each firm is independent of the others and regulated separately. Your neighbour might agree to remove the fence. 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. Fences are not transitory, as personal estate. Does the tree belong to you? So, be sure to maintain the area around your property line. In one instance, you may have an issue over where the boundary line of the property actually sits. Glad it is all agreed and everything will be put in writing. It MIGHT say something about who has to maintain it. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. tree trunks are growing on a boundary and are destroying the boundary fence; . That is, one that is "reasonably satisfactory" for the purpose it is intended to serve.
Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides 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. Boundary fences are supposed to help separate properties and eliminate disputes. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. 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.
Remove part of boundary fence and build on boundry - Gardening discussion By writing to your neighbour you can clearly set out your issues and explain why you are not in agreement, this can be difficult to achieve in face-to-face meetings as discussionscan get heated. 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. Thus, they must show ownership of the property to remove fencing around it. In this case, the boundary fence belongs to both of you. Depending on neighbors. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Worked at a fence company for 10+ years. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. 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. If the fence is on your side of the property line, then the fence is yours. I am keen to resolve this situation quickly and amicably. 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. 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. 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. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). Or your neighbour might offer you some cash to leave it where it is. Describe the violation. (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. best to check with council planning department, Darlington Member since 7 Sep 2016 For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. Additionally, if you don't have a . 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 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. The fence is your beighbour's as he purchased and erected it.
Fences and Neighbors FAQ | Nolo Press J to jump to the feed.
Can my neighbour remove the hedge? - Saga Or see if your landlord can give you more information. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing.
Property Line and Fence Laws in Washington - FindLaw There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 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. 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.
Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. Then, give them time to make repairs. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Stay civil. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days. 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. No Dig Vinyl Fence The white picket fence of your dreams, 2. Must the encroachment over the boundary line be removed or may it legally remain in place? the reasonable value of the fence as an enclosure at the time of its removal. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. However, this matter can be tricky to navigate so we . 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. What To Do With Old Fence Posts (Heres What You Can Do). Spite Fences: . of Supervisors, 599 N.W.2d 460 (Iowa 1999). Usually, cities determine height limitations by the landscape and the traffic. So, the homeowner is usually responsible for its location and upkeep. So, they can't remove boundary fencing even if they don't like its location. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. That, my friends, is the question. And make sure the fence height is allowed in your neighborhood.
My neighbour has taken part of my garden. What can I do? Dividing fences and other boundary issues | Legal Aid WA Answered 3rd Jun 2016.
When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. The documentation from my house puchase suggest the boundary is either shared or owned by me (documents differ). If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. 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. 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]. Neighbors must take you to court to dispute the fence placement. Then, determine whos responsible for its placement and upkeep. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. 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. Welcome to /r/Legal, a community for discussing legal topics. 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. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). This can be found in the deeds to your property. If yourown fence has seen better days, find out more about our fence repair services.