neighbour has removed boundary fence
However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. Fences and Neighbors FAQ | Nolo The location of a fence determines the jurisdiction of the court to determine the dispute. Fences are a part of the realty and become affixed to the land. Dont forget to check for any easements that may run through your property across the fence line. Whichever neighbor owns the boundary fence is responsible for it. Does the tree belong to you? A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Worked at a fence company for 10+ years. Neighbour has replaced our boundary fence | Mumsnet Common Laws Around Trees and Garden Boundaries Your rights are to use your property up to but not over the boundary line. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . Can My Neighbor Build a Fence on the Property Line? Fences are not transitory, as personal estate. 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. Ready to change the property lines around your house? Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger What Can You Do When Your Neighbor's Fence is on Your Property? 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. Such person is considered a tortfeasor. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. My Neighbour's Hedge Is Overgrown. 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 . Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. 1956). to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 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. I spoke with our neighbour this afternoon and we came to an agreement. If you are planning to remove a large . The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. 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. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. My neighbour has moved the boundary fence on to my land. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. My neighbour doesn't want me to remove diseased trees on my land They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. How to Write an Encroachment Notice | Legal Beagle 97% positive dig up the root and cut a tree root back to the boundary or fence line of your property. If you live in a neighborhood with an HOA look into their rules regarding fences as well. Do You Need a Neighbor's Permission to Build a Fence? You might agree an alternative route for the fence. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. 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. My neighbour has moved the boundary fence on to my land. You will only earn a small fine and a bad neighbor reputation. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. best to check with council planning department, Darlington Member since 7 Sep 2016 But other factors can affect the rules as well. 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. Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Please refer to our full affiliate disclosure policy for full details. I had a fence that got blown over in a hurricane. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. We dont have a weed issue. Also think about whether it's safe to cut back the roots. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. Then you have to find out if your neighbors have any rights to the existing structure. Property Line and Fence Laws in Washington - FindLaw If the tree is not yours, do you know who is responsible? Hi I have 4 neighbours bordering the length of my back garden on one side. My new neighbour has removed the fence along our shared boundary The lawyers at Giambrone & Partners Studio Legale Associato are regulated by the Italian Law Society (Consiglio dell'Ordine degli Avvocati). The owner of the fence is always responsible for fixing it. If youre prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isnt your responsibility and decide to do nothing. The best way to settle a boundary dispute is to talk to your neighbor first. On Adverse Possession and Your Neighbour's Fence Try to be fair. But, in some cases, your neighbor will not be so friendly. Templates for Writing a Property Line Dispute Letter - Giambrone Law You should take care not to cause unnecessary damage to the tree. My neighbour has moved our boundary fence without consulting 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. So, record your domain at the local courthouse. link to What Kind Of Paint For Garage Walls. The public authority is empowered to remove fences encroaching a public street or highway[ii]. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. Neighbor Put a Fence on My Property. Can I Remove It? [Solved] - DoNotPay Which I trust you understand, is a considerable difference. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. You will want to know this regardless. Then, determine whos responsible for its placement and upkeep. 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. Generally, neighbours contribute equally. Either way, dont let people touch or move your stuff without consent. But if that is a fence on the property line, they'll need your consent to proceed with the removal. Your neighbor is not legally allowed to remove your 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). If yourown fence has seen better days, find out more about our fence repair services. However, if one neighbor built the boundary fence, then they are responsible for it. 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. What do I do if my letter doesnt solve the dispute? 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. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Resolving conflicts involving trees on properties. 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. . If yourown fence has seen better days, find out more about our. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Fencing Laws and Your Neighbors: FAQs - FindLaw 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. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Neighbors must take you to court to dispute the fence placement. Stay civil. About 50% of the fence now has trenches under . In one instance, you may have an issue over where the boundary line of the property actually sits. You could hit it with some restoring wash and then stain it and it would look almost new. For example, . Can i remove a fence encroaching on my property? You dont have to stand by as your next-door neighbor ruins your fencing. There you have it - the common laws around trees and garden boundaries. Is the old fence in need of replacement? Yes. Neighbor can't do anything about it. You cannot force your neighbor to put up a fence. 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 live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. neighbour has screwed new fence posts to my garage on the boundary