Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. Fences are not transitory, as personal estate. As for painting the fence I cannot see a problem at all . If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. This means Yard Blogger may earn a commission if you make a purchase using any of our links. 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. How soon am I likely to get the answer. Often hedges, fences or trees can encroach on a property line. However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. When in doubt, do good to thy neighbor even if they do not do good to you. VAT Number 990 1088 14 | Company Number 8513999 Therefore, I would like to suggest a meeting at [location eg. Whichever neighbor owns the boundary fence is responsible for it. 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. There are two main areas when it comes to boundary line disputes. I objected to his extension and stated that under no circumstances could he take down the fence. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. You are physically removing something that you do not own, which is breaking the law in most areas. tree trunks are growing on a boundary and are destroying the boundary fence; . Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. Dont forget to check for any easements that may run through your property across the fence line. jobs, The owner of the fence is always responsible for fixing it. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. If you have a big piece of property and are thinking about getting a horse, you might be wondering, Read More Is It Legal to Have a Horse in Your Backyard?Continue, Some people enjoy their privacy so much that they prefer living in an exclusive private community. 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. Each county has different laws regarding property lines and boundary fences. Then, keep detailed records of every decision you make. The same holds true for fence maintenance and repairs. Yes. I just want to know if I can legally remove the screws his has put in to my property. Or they can argue that your structure encroaches on their land. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Fences pass by a sale of the land as the soil [iii]. If you go down this route your neighbour should . 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. To comment on this thread you need to create a Mumsnet account. 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]. 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. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. The neighbors dont have the right to tamper with your private property. In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. 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. Trentwood Fencing Ltd 2022| Built by Kontrolit. So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. 83% positive 30 You also cant cause a nuisance with your fence or put the neighbors in danger. Stay civil. Depending on neighbors. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. 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. . The construction of a fence into a street or highway is considered a nuisance. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. The location of a fence determines the jurisdiction of the court to determine the dispute. Whatever the case, try to avoid heated arguments with the neighbors. Next contact your city for any ordinances pertaining to the placement of fences. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. Describe the violation. My fence needs . You dont have to stand by as your next-door neighbor ruins your fencing. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Specify a reasonable period in which the neighbor should fix the encroachment, for . I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. In some areas, the fence remains the property of whomever paid to install and maintain it. Then, determine whos responsible for its placement and upkeep. The fence is your beighbour's as he purchased and erected it. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. Can a Neighbour remove a boundary fence? They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . And you have to check local records to determine the owner in those cases. On Any modifications and attachments can only be done by the legal owner, meaning your neighbor, even if the side of the fence is facing their house, cannot legally change anything on your fence. App. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. 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. I suspect were going to have to engage a surveyor to make that determination. Knowing the rules and regulations for fences on boundary lines can help keep the peace. The public authority is empowered to remove fences encroaching a public street or highway[ii]. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. You could hit it with some restoring wash and then stain it and it would look almost new. On That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. I've attached a copy of my survey/plat map to illustrate this. Establish the property lines instead. So what can you do? Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. link to What Kind Of Paint For Garage Walls. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. 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 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. Risking potential violent behavior from your neighbor. In this situation, you really need to choose your battles wisely. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. Also, the . There should be one there if you or a previous owner hired someone who went through the proper channels to erect 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. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? Laws about boundary fences can change based on where you live. Besides, you should speak to your neighbor directly before you go to the police. 2. Generally, a partition fence is built equally on both sides of the line. 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. Yes. Boundary fences are owned by both owners when both use the fence. Convenient, Affordable Legal Help - Because We Care! Texas does not have a specific state law that addresses boundary line fences. Your neighbors can remove fencing if it impedes their yard. Your neighbor is not legally allowed to remove your boundary fence. To put the fence on the boundary would mean digging the rockery up as it straddles the boundary with UPDATE - Thanks for the advice guys! - Between 2 to 8 inches. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. We just cant afford it to be honest. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? In general, cities prohibit fencing that obstructs the view or slows traffic flow. Letter templates for resolving property line disputes. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. The best way to settle a boundary dispute is to talk to your neighbor first. My neighbour has moved our boundary fence without consulting with me and has erected a small fence in its place.This has been our boundary for 37 years and is constructed of a privet hedge.
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