neighbour has removed boundary fence neighbour has removed boundary fence

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). Stop fussing with the neighbors over the boundary fence. 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. 100% positive Are you able to meet up on [provide two possible days/times] to try and find a way forward? I'm just getting in touch regarding the [insert species if known] tree at [location]. Can a Neighbour remove a boundary fence? 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. However, if neither of you put up the fence, then both of you share responsibility and ownership of the fence and your neighbor should have asked your permission first. 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. London Member since 20 Apr 2011 Whichever neighbor owns the boundary fence is responsible for it. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. 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. - DID YOU KNOW: Some communities restrict the type of fencing you can use. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Perhaps we could meet to discuss these options [next week/add relevant date]. There would now be two fences along the boundary. When I built my fence, I had it surveyed and placed it 3" from the property line. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. That, my friends, is the question. Besides, you should speak to your neighbor directly before you go to the police. There are some exceptions if the works are urgent or the adjoining owner cannot be located. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Please get in contact with us either by calling the number below or emailing us. However, an individual cannot remove or destroy a fence on another individuals land without his/her consent. of Supervisors, 599 N.W.2d 460 (Iowa 1999). In general, you should always build boundary fences with the panels facing outward along the border. And, if you tell him not to, Neighbor cannot come onto your property without y. Your responsibility as a fence owner. 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. Figure it out. 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 If the fence is sitting directly on the property line there might be a grandfather clause that allows it to go back directly on the property line. The Act does not deal with disputes about fences that are not on a boundary line. It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. If your neighbour owns the wall or fence. Any higher would have to have planning permission. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. Or ask the court to help you change the parameters. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Your neighbor may be entitled to move your fence if it encroaches on their property. 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! Re: Potential [insert species if known] tree issue. hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or looking down ? 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. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. So, always check the local regulations first. If you are planning to remove a large . Specify a reasonable period in which the neighbor should fix the encroachment, for . 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. But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Either way, you want to avoid the law as much as possible as boundary disputes can be very drawn out and may affect your chances of selling your house in the future if the boundary dispute is still unsettled. You can both try to be sensitive. Texas does not have a specific state law that addresses boundary line fences. I suspect were going to have to engage a surveyor to make that determination. Often hedges, fences or trees can encroach on a property line. There are two main areas when it comes to boundary line disputes. Then, give them time to make repairs. The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). We've just had about 9k of . But you cant establish the owner unless you can define the property lines. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. So, record your domain at the local courthouse. Please note that Reddit automoderates posts by new accounts. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. If your neighbor initially built the fence, then they are legally allowed to remove the fence. Communicatingvia letter, also provides both parties with a written record of the dispute. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. [Add below paragraph if other options are viable]. I dont believe either of us can with certainty. [v] Sanders v. Lefkovitz, 292 S.W. Yourletter about yourdispute can be written in formal or informal terms. In this situation, you really need to choose your battles wisely. 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. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. Next contact your city for any ordinances pertaining to the placement of fences. Your neighbour might agree to remove the fence. Dividing fences are a common cause of disputes between neighbours. 30 It is more the dam cheak than anything else. The public authority is empowered to remove fences encroaching a public street or highway[ii]. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. Also think about whether it's safe to cut back the roots. Such person is considered a tortfeasor. The neighbor who erected and obtained the permit for the fence owns it. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Glad it is all agreed and everything will be put in writing. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? Resolving conflicts involving trees on properties. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . 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. 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 . The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. 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. I live at [address], next door and am concerned there is a potential threat to health and safety. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. Why send a letter to settle a property line dispute? the cost for replacing the fence with a new fence; the cost of returning the property to the condition it was in before the damage; or. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. That will only escalate the situation. They will update the public records as soon as possible. You could hit it with some restoring wash and then stain it and it would look almost new. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. It also suggests negative things about the neighbour who makes changes to a . Hi I have 4 neighbours bordering the length of my back garden on one side. Still can't believe we didn't discuss this properly before work commenced. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. 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. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. The value is determined by replacement costs minus depreciation for age and use. Press J to jump to the feed. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Yes. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. If the wall or fence seems dangerous, point this out because your neighbour might not be . The issue is whether it needs to be repaired or replaced and thats the matter being debated. Although we disagree about this, we are neighbours andneed to resolve the problem. you agreed to accept cookies from this website - thank you. Usually, cities determine height limitations by the landscape and the traffic. 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. And the deal is good until someone changes it. Theres sometimes an assumption that every house is responsible for the boundary to its left, but this isnt always the case; neighbouring properties may have had completely different boundary responsibilitiesidentified by the land vendor when the houses were built. If the wall is on the right, then you must ask your neighbour. If you are the owner of this tree, you have a legal responsibility to ensure it does not pose a danger to your neighbours or their property. VAT Number 990 1088 14 | Company Number 8513999 jobs, Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. Is the replacement fence reasonably the same cost? This post contains affiliate links from Amazon and other stores. Please refer to our full affiliate disclosure policy for full details. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. a local cafe or other neutral space] on [date] at [time]. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. Thank you. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. 596, 598 (Tex. But, you shouldnt go directly to just removing the fence. In general, cities prohibit fencing that obstructs the view or slows traffic flow. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. We dont have a weed issue. If you go down this route your neighbour should . A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Neighbors must take you to court to dispute the fence placement. 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. Generally to protect yourself from future . Local authorities really are not too concerned about fencing issues. The hedge has been there since the 1930s. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility).