Think Before You Remove That Hedge - Stephensons Solicitors LLP You can suggest to your neighbor that they sell the piece of land in question to you. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. 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. In general, to the extent that a portion of your fence encroaches onto the neighbor's property, the neighbor can remove it or can take you to court to show that it encroaches and get the court to order or allow its removal. 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. 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. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. The value is determined by replacement costs minus depreciation for age and use. If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . Until then, people cant tear up your property just because they dont like it. My new neighbour has removed the fence along our shared boundary Just my two cents here, but do you know who owns the fence? They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Either way, dont tamper with a property barrier until you establish the rightful owner. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. Neighbour is taking down MY fence! MoneySavingExpert Forum Is the replacement fence reasonably the same cost? The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. If the property is rented or council-owned enquire with them if your neighbour has removed or . 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. 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. 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. The neighbors don't have the right to tamper with your private property. It MIGHT say something about who has to maintain it. Fencing Laws and Your Neighbors: FAQs - FindLaw My fence needs . Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. to prevent the unauthorized destruction of, or damage to, boundary line fences; and. 3.4K Posts. 892, 899 (Miss. Can My Neighbour Remove the Fence Between Our Properties? - Wezaggle This can be found in the deeds to your property. Lets examine what a boundary dispute is and how it can impact your life. [Add below paragraph if other options are viable]. If you go down this route your neighbour should . My neighbour has moved our boundary fence without consulting Today at 9:15AM. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Our primary aim is to resolve property disputes between the parties as swiftly and if possible, avoid lengthy litigation proceedings. 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! A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Plus, they can sue if your fence is too high. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Still can't believe we didn't discuss this properly before work commenced. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. But you might be struggling to figure out what kind of paint to use on garage walls. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Boundary fences may be built by the municipality in some cases, especially in new developments. You dont have to stand by as your next-door neighbor ruins your fencing. Establishing Rights Over Fences & Boundaries If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If I were you I'd just say 'OK, it's on the list' every time it's brought up and continue doing what I was going to do. I dont believe either of us can with certainty. The issue is whether it needs to be repaired or replaced and thats the matter being debated. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. Can a Neighbour remove a boundary fence? The neighbors have to prove to the courts that your fence causes problems in the community. Can a neighbor remove and replace the boundary line fence - Quora On Whoever built the fence between the houses and obtained the permit to build the fence, owns it. These will also determine what can be done as far as replacing or repairing a fence. Remove part of boundary fence and build on boundry - Gardening discussion However, now that I have written to you regarding the matter, I would appreciate your swift action on this. I look forward to seeing you on [date]. Some states define use as occupancy - such as using the land up to the fence . However, these deeds typically dont mention any structures, such as fences. As for painting the fence I cannot see a problem at all . If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. If yourown fence has seen better days, find out more about our. The same holds true for fence maintenance and repairs. Or see if your landlord can give you more information. Can my neighbour remove the hedge? - Saga How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? What To Do With Old Fence Posts (Heres What You Can Do). Can your neighbor legally do this? Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. They also have the right to remove the fence when they please. Maybe call the building department and ask them to look for a permit for a fence? The construction of a fence into a street or highway is considered a nuisance. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. The neighbor who erected and obtained the permit for the fence owns it. So, do your research before erecting a new one. Many land owners are misinformed about their property lines, so have a surveyor confirm them to avoid a . Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. Fence Building Law Basics for Homeowners - The Spruce A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides Yes. Do You Need a Neighbor's Permission to Build a Fence? 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. Editor, Marcus Herbert. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. 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. Is It Illegal to Walk Through a Gated Community? Additionally, in determining the amount of compensation for the taking of land in order to widen a street, injuries to fences have been considered as a proper element of damages. Your neighbour might agree to remove the fence. 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. You will only earn a small fine and a bad neighbor reputation. Frequently asked questions But, some common themes typically arise. 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. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. If yourown fence has seen better days, find out more about our fence repair services. But what happens when fencing becomes the source of a dispute? Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. So, they cant remove boundary fencing even if they dont like its location. Local laws differ regarding who owns a fence built on the property line. The owner of the fence is always responsible for fixing it. That means barriers that block entrances or hide street signs are illegal. Every city has different rules regarding fences. martinsurrey Forumite. We were happy enough for them to do this and agreed verbally. A boundary dispute arises when a neighbor believes their neighbor is infringing on their property by having an item or items placed on their property without their permission. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907.