Cookies 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. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides Ready to change the property lines around your house? And some state laws may differ between counties. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . You can bring the matter up to your local municipality as fence laws are local ordinances. I am keen to resolve this situation quickly and amicably. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library A private individual cannot claim damages from the authorities for removal of encroached fence. It MIGHT say something about who has to maintain it. 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. That will only escalate the situation. Do You Need a Neighbor's Permission to Build a Fence? There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. But, you would still have to put up the fence yourself. - 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. litigation and dispute resolution services here, Who handles property line disputes - England & Wales law, Conflicts involving trees on properties - UK property laws, Using alternative dispute resolution for property line disputes, Solving driveway property line disputes with neighbours, How to solve fence property line disputes in the UK, How to survey property/boundary lines in the UK. You may need to get a copy of the titlr plan for both yours and your neighbours properties to check who is responsible for maintaining the boundary, because if the T does not fall on your land it may not show up on the title plan to your property. 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. You can determine whose fence is whose by looking at the property line. Yourletter about yourdispute can be written in formal or informal terms. 05272398. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. My neighbour doesn't want me to remove diseased trees on my land When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. Convenient, Affordable Legal Help - Because We Care! Otherwise, you can sue them for maintaining a common nuisance or endangering the community. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. First off get a surveyor to find the exact property line. feedback, 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 ? Or see if your landlord can give you more information. Your neighbors can remove fencing if it impedes their yard. 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. Zippity Vinyl Fence Perfect for adding some style to your yard. The best way to settle a boundary dispute is to talk to your neighbor first. Expert: Catherine replied 2 years ago. Frequently asked questions For an improper removal of a partition fence, an aggrieved party can bring an action for damages. Most of the time, this is not a cause for concern, but sometimes it can be dangerous, and you will need to discuss this with your neighbour. Then, youll receive notice in the mail confirming the change. The hedge has been there since the 1930s. Can My Neighbor Build a Fence on the Property Line? Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. 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! But, you shouldnt go directly to just removing the fence. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Any higher would have to have planning permission. Can My Neighbor Remove A Boundary Fence? - Upgraded Home Stay civil. 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. Line fences are fences that mark the boundary between properties and are often referred to as boundary or division fences. But hire a lawyer for more information. A polite clarification might be all that is needed to . You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. 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. Rules for fences on boundaries | eHow UK The neighbor who erected and obtained the permit for the fence owns it. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. But, in some cases, your neighbor will not be so friendly. Is It Legal to Have a Horse in Your Backyard? There you have it - the common laws around trees and garden boundaries. You can do several things if a neighbor refuses to fix their broken fence. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Don't use this disagreement to vent months or years of anger at your neighbor. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. The neighbors don't have the right to tamper with your private property. 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. About 50% of the fence now has trenches under . Either way, don't let people touch or move your stuff . the last 3 words need to be clarified. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. Such person is considered a tortfeasor. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. Neighbours Who Won't Fix Their Fence. What Can You Do? I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. Please be advised that if we cannot resolve this issue swiftly and amicably, I will be forced to take the matter to court, seeking an ejectment order to force the removal of the [fence/hedge/other encroachment] from my land. Next contact your city for any ordinances pertaining to the placement of fences. As I left for work this morning, he handed me a builders business card and said his builder is starting work today, and will be taking down the fence. 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. We will pay for the fence and retain ownership, responsibilities for repair etc. When in doubt, do good to thy neighbor even if they do not do good to you. Adverse Possession and Your Neighbour's Fence 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. Each county has different laws regarding property lines and boundary fences. 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. Each firm is independent of the others and regulated separately. 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. Yes. Risking potential violent behavior from your neighbor. Your property is on a corner and has more than one frontage. You might agree an alternative route for the fence. Worked at a fence company for 10+ years. For example, most places say your structure cant exceed a certain height. Often hedges, fences or trees can encroach on a property line. Dont forget to check for any easements that may run through your property across the fence line. I've attached a copy of my survey/plat map to illustrate this. There would now be two fences along the boundary. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. the reasonable value of the fence as an enclosure at the time of its removal. The construction of a fence into a street or highway is considered a nuisance. Or they can argue that your structure encroaches on their land. The public authority is empowered to remove fences encroaching a public street or highway[ii]. Create an account to follow your favorite communities and start taking part in conversations. Trees and Property Lines: 8 Things All Neighbors Should Know Neighbour has built an extension over the boundary line!! - DIYnot Forums The same holds true for fence maintenance and repairs. Terms and conditions The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. This is for trees that do not require a permit from the council. If you're not splitting the cost, then let it stay until it's literally falling over. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. There are some exceptions if the works are urgent or the adjoining owner cannot be located. You have to remember if the root ball is removed and backfilled with soft materials the use of metal spikes will be suspect to movement.Most fence erecting companies would still requmend using concrete.the photos would suggest that is a significant height difference with the neighbour's property. Communicatingvia letter, also provides both parties with a written record of the dispute. You cannot force your neighbor to put up a fence. (Check for This First), Do I Need a Permit for a Pergola? 100% positive Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. 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. 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. Removing your neighbors fence is illegal if you do not obtain their permission. 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 ? But remember that you usually cant put up fencing within eight inches of the road, sidewalk, or property line. Thats because you could get in trouble for vandalism or trespassing if youre not careful. Can My Neighbor Remove Our Boundary Fence Legally? - Yard Blogger My neighbour has taken part of my garden. What can I do? feedback. Depending on neighbors. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. They're actually not next door neighbours so to speak, it's a strange garden configuration and they actually live on a cul-de-sac that's a few minutes walk away, but that long fence is theirs. 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. 12 Can a Neighbour remove a boundary fence? Letter templates for resolving property line disputes. 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. Which I trust you understand, is a considerable difference. Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. I would be grateful if you would look into this as a matter of urgency. Please let me know if you are able to attend. If you are encroaching on your neighbors property in a certain area, you can suggest that they can have a piece of your land in another area. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. The boundary fence around your property belongs to the person who built it. According to my records, the [fence/hedge/other encroachment] is actually on my property. 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. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Heres how to do it: Make sure they agree with the proposed boundary change. Press question mark to learn the rest of the keyboard shortcuts. So, they can't remove boundary fencing even if they don't like its location. There would now be two fences along the boundary. Dividing fences and other boundary issues | Legal Aid WA However, if one neighbor built the boundary fence, then they are responsible for it. Can i remove a fence encroaching on my property? 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 it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Can My Neighbour Cut My Hedge Without Permission? (They Can!) - TrimHedge And make sure the fence height is allowed in your neighborhood. 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. 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! This is a complicated legal matter that we will try to make more straightforward for you. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. These will also determine what can be done as far as replacing or repairing a fence.
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