Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter's field . Fencing law in Victoria | Department of Justice and Community Safety The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. 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. 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. Usually in the rear corner of the yard. You can use the contract in court because its legally binding. Fences are commonly involved in boundary disputes. 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. We just cant afford it to be honest. You are allowed to sell a property engaged in an ongoing boundary dispute but you should be aware that it may affect your property value and you may have to disclose the dispute to potential buyers. What to Do About Neighbor Disputes over Property Line & Fence - ARAG legal Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. My neighbours "stole" the expensive fence work I paid for. If the property is rented or council-owned enquire with them if your neighbour has removed or . 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. Perhaps we could meet to discuss these options [next week/add relevant date]. Thank you for your cooperation on this matter. 100% positive Giambrone provides client services worldwide through its member firms and affiliates, including Giambrone & Partners LLP, Giambrone & Partners Studio Legale Associato, Giambrone & Partners Sociedad Limitada Profesional and their subsidiaries and affiliates. you disabled cookies on this website - some functions will not operate as intended. Neighbors must take you to court to dispute the fence placement. Lets examine what a boundary dispute is and how it can impact your life. link to What Kind Of Paint For Garage Walls. You can't make changes to your side without their permission, such as painting it. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. My neighbour's fence blew down into my garden and they haven't removed The best way to win a boundary dispute is to hire a decent land surveyor to prove that the property in question is indeed yours. 83% positive They must follow the appropriate channels to get you to take it down. In this case, both neighbors have the right to the fence. You can both try to be sensitive. But hire a lawyer for more information. It depends on where you live. Additionally, if you don't have a . You may be able to sue your neighbor for removing your boundary fence but after the legal costs and likely very long wait time to be seen in small courts, it may be more worth your time and money to just erect a new fence on your property line. Your neighbor is not legally allowed to remove your boundary fence. 1927). It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. If you live in a neighborhood with an HOA look into their rules regarding fences as well. Yes. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. How to Stop Your Neighbors Dog From Digging Under Your Fence. 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. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Between 2 to 8 inches. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. What do I do if my letter doesnt solve the dispute? Or try to legally change the property lines if you cant settle the dispute. In a lot of states a boundary fence is the responsibility of both neighbors. 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. If they disagree, you can hire a lawyer to help convince them. I spoke with our neighbour this afternoon and we came to an agreement. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. 1991). Is the old fence in need of replacement? In this situation, you really need to choose your battles wisely. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. 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. And they can also sue you if you dont take it down when they ask. This can beuseful should the matter have to be resolved before acourt in the future. If they wont do that pay for it yourself. To comment on this thread you need to create a Mumsnet account. . 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 . I dont believe either of us can with certainty. Other places may view the fence as the joint property of both neighbors. So, do your research before erecting a new one. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . A question which may be important depending where you live .. you said it lies between the properties but that you're the one maintaining it and the neighbor wants you to pay for the replacement? If your neighbor is willing, ask them to sign an agreement that establishes new property lines. Fence wars: When things get nasty in the suburbs | Stuff.co.nz Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. Expert: Catherine replied 2 years ago. Does the tree belong to you? Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Your neighbour might agree to remove the fence. Boundary fences may be built by the municipality in some cases, especially in new developments. Editor, Marcus Herbert. JavaScript seems to be disabled in your browser. This is a complicated legal matter that we will try to make more straightforward for you. We use a range of cookies to improve your experience of our site. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If the fence is on your side of the property line, then the fence is yours. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. 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. Then, determine whos responsible for its placement and upkeep. 12 How soon am I likely to get the answer. In Washington state, the law addresses in detail the rights and responsibilities . However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. My neighbour has just built an extension. . 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). You can do several things if a neighbor refuses to fix their broken fence. 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. This can be done by you, but you would need a plot map and you would have to locate the property pin. Do You Need a Neighbor's Permission to Build a Fence? Please note that Reddit automoderates posts by new accounts. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. ), with fence ideas that look great, too. Before you erect any fence, you should confirm your exact property boundary lines. How to Write an Encroachment Notice | Legal Beagle Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle Next contact your city for any ordinances pertaining to the placement of fences. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. If they ignore your requests or neglect your lawful warnings, you can sue them in court. 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. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. I want to tell them to take thing down. Besides, you should speak to your neighbor directly before you go to the police. Moreover, the defendant is liable for damage or loss which is the direct, proximate, and necessary consequence of his/her act[v]. Would you be annoyed if your neighbour removed a boundary garden hedge If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. Therefore, I would like to suggest a meeting at [location eg. 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. Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latters field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. (Check for This First), Do I Need a Permit for a Pergola? One of you OWNS the fence. DID YOU KNOW: Some communities restrict the type of fencing you can use. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? Or they can argue that your structure encroaches on their land. What Can You Do if Your Neighbor is Damaging Your Fence? You will want to know this regardless. Thats because you could get in trouble for vandalism or trespassing if youre not careful. the last 3 words need to be clarified. Plus, they can sue if your fence is too high. That means barriers that block entrances or hide street signs are illegal. . Frequently asked questions Fencing law - Consumer NZ Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. I checked our documents and the positive covenant to maintain the fence was included in the Title Deeds transfer for the previous owner. For example, in California, the fence law states that if a neighbor wants to put up a fence, the fence must remain on their side of the property line. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. Answered 3rd Jun 2016. I am keen to settlethis issue - as I am sure you are too. Figure it out. 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, they cant remove boundary fencing even if they dont like its location. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. 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. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge Neighbour replaced fence without asking me! - netmums.com If you disagree with your neighbour about a wall or fence Or, you could do a land swap. Adverse Possession and Your Neighbour's Fence So, record your domain at the local courthouse. The location of a fence determines the jurisdiction of the court to determine the dispute. 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. Stop fussing with the neighbors over the boundary fence. Can My Neighbor Build a Fence on the Property Line? Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. It also suggests negative things about the neighbour who makes changes to a . However, for negligent action on the part of the public authority, s/he can sue for damages. Heres how to do it: Make sure they agree with the proposed boundary change. 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. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. The proof involves documentation of your property lines. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. martinsurrey Forumite. Ready to change the property lines around your house? 04/03/2016 18:32, Thanks so much for all the replies. (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. If yourown fence has seen better days, find out more about our fence repair services. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. 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. Neighbour is taking down MY fence! MoneySavingExpert Forum If this isnt successful and you and your neighbour cannot come to an agreement, there may be no alternative than totake legal action and commence court proceedings. If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. I suspect were going to have to engage a surveyor to make that determination. If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. 2. Can A Neighbor Attach Something To My Fence? - Upgraded Home This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! The owner of the fence is always responsible for fixing it. Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger If you want to post a question it is best to do so with an established account, or it will not show up. Local fence laws work on the assumption that boundary fences benefit both property . Usually there will be a clear demarcation of who owns which part of the land and boundaries. Property boundaries. 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. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. There would now be two fences along the boundary. Is the replacement fence reasonably the same cost? 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. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. 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. Can a neighbor remove and replace the boundary line fence - Quora 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. And some state laws may differ between counties. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. [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. Dividing fences | State Library of NSW 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. There are two main areas when it comes to boundary line disputes. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. You will only earn a small fine and a bad neighbor reputation. First of all, establish who is responsible for the fence on theboundary in question. Trentwood Fencing Ltd 2022| Built by Kontrolit. Or see if your landlord can give you more information. Dividing fences are a common cause of disputes between neighbours. 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. They also have the right to remove the fence when they please. However, those rules might differ for rental estates, public areas, or government buildings. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Neighbor's Encroachment Over Your Property Line - Porter Simon Your responsibility as a fence owner. You dont have to stand by as your next-door neighbor ruins your fencing. - This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Good day . What happens when one of those neighbors decides they want to remove a boundary fence though? Letter templates for resolving property line disputes. 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. Your neighbor may be entitled to move your fence if it encroaches on their property. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. 1956). However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. There are two main areas when it comes to boundary line disputes. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! The neighbours can agree on their contribution, or have this decided by an arbitrator. VAT Number 990 1088 14 | Company Number 8513999 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 Act does not deal with disputes about fences that are not on a boundary line. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Such person is considered a tortfeasor. Removing your neighbors fence is illegal if you do not obtain their permission. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. That placement gives your lawn a sleek appearance and better curb appeal. Re: Potential [insert species if known] tree issue. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. My neighbour has taken part of my garden. What can I do? Worked at a fence company for 10+ years. Fence Building Law Basics for Homeowners - The Spruce 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]. The standard for measuring damages for such removal or destruction is its value at the time. Heres everything you need to know. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Create an account to follow your favorite communities and start taking part in conversations. Can My Neighbour Remove the Fence Between Our Properties? - Wezaggle 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. 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. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence . 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.