If the wall or fence seems dangerous, point this out because your neighbour might not be . Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side.. fencing and boundary accuracy - original boundary was straight whereas now it no longer is. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. This is for trees that do not require a permit from the council. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. They will update the public records as soon as possible. Neighbors must take you to court to dispute the fence placement. Answer (1 of 25): You have 3 questions, and the answers to all 3 are "No." Neighbor cannot remove a boundary line fence without your permission. 596, 598 (Tex. Please note that Reddit automoderates posts by new accounts. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. If they ignore your requests or neglect your lawful warnings, you can sue them in court. 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. Neighbor can't do anything about it. The neighbours can agree on their contribution, or have this decided by an arbitrator. Unless the tree is protected by a tree preservation order, you are allowed to: cut an overhanging branch back to the point where it enters your property. 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. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. And you may have even more rights if their wall is supposed to provide protection from animals or dangerous objects. But, in some cases, your neighbor will not be so friendly. But other factors can affect the rules as well. 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. Either way, don't let people touch or move your stuff . Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. For example, this seller received $145,000 less than his asking price because there was an ongoing boundary dispute over a two-foot-wide strip of his driveway that actually belonged to his neighbors. However, illegal fencing doesnt give people the right to remove it without notice. A private individual cannot claim damages from the authorities for removal of encroached fence. Thank you for your cooperation on this matter. To determine whether a fence is your responsibility or your neighbour's, the first thing you need to do is check where your boundary is. Is It Legal to Have a Horse in Your Backyard? 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. Well only use this information to handle your enquiry and we wont share it with any third parties. Your neighbors can remove fencing if it impedes their yard. Establish the property lines instead. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. I am keen to settlethis issue - as I am sure you are too. You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. That means barriers that block entrances or hide street signs are illegal. Local authorities really are not too concerned about fencing issues. Fences and trees along the property line can easily give rise to disagreements. So, do your research before erecting a new one. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. The neighbors dont have the right to tamper with your private property. However, if one neighbor built the boundary fence, then they are responsible for it. Or they can argue that your structure encroaches on their land. 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. On Is the replacement fence reasonably the same cost? Stop fussing with the neighbors over the boundary fence. What happens when one of those neighbors decides they want to remove a boundary fence though? So, they can't remove boundary fencing even if they don't like its location. 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. What constitutes "use " varies by state. Then, determine whos responsible for its placement and upkeep. 05272398. In order for your neighbor to remove your boundary fence, they would have had to receive your permission first before they took down the fence, especially if you both signed a written agreement to share the responsibility of the fence. If yourown fence has seen better days, find out more about our fence repair services. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. Most cities have ordinances that require fences to be built a minimum of 6 off of the property line in order to prevent disputes such as this. Can my Neighbour remove boundary fence? Branches from trees can often grow across property lines. The issue is whether it needs to be repaired or replaced and thats the matter being debated. 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. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. Every city has different rules regarding fences. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. 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. Your neighbour can cut back that part of the hedge that . 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. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. 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. It is more the dam cheak than anything else. 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. 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. So, always check the local regulations first. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. 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. jobs, Generally to protect yourself from future . In California, two inches from the property line is enough when building the fence. Or ask the court to help you change the parameters. Local fence laws work on the assumption that boundary fences benefit both property . You can do several things if a neighbor refuses to fix their broken fence. jobs, Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. 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. 1927). If so, then I'm not certain they have the ability to say that as a demand so much as a request unless your local law says they do. By . Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Your neighbour might agree to remove the fence. The same holds true for fence maintenance and repairs. Fences are a part of the realty and become affixed to the land. Until then, people cant tear up your property just because they dont like it. If the property is rented or council-owned enquire with them if your neighbour has removed or . Her hobbies include architecture, art, mental health, and fashion. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Can anyone advise my neighbours house is directly at the end of my garden he has removed 50ft trees the whole length of this garden and removed the boundary fence which my council inspector has said was ours my question is now he has erected a new higher fence the whole way along I presume that now becomes his boundary fence so can I paint my side as it looks ugly and imposing almost 3metres high ? Fences are not transitory, as personal estate. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. The Council acknowledged they were at fault and came up with the solution of building . [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). Of course, if the tree is not yours, please let me know, and I will contact the council. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Old boundary fence becomes legal? Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Before you erect any fence, you should confirm your exact property boundary lines. 2. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Can I Remove Utility Flags In My Yard: Is this Illegal? Fences pass by a sale of the land as the soil [iii]. Whatever the case, try to avoid heated arguments with the neighbors. Additionally, if you believe your neighbor has put up a fence to spite you, such as blocking a view, then you might be able to sue your neighbor for private nuisance. I objected to his extension and stated that under no circumstances could he take down the fence. 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. If your neighbor initially built the fence, then they are legally allowed to remove the fence. You can suggest to your neighbor that they sell the piece of land in question to you. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. Therefore, I would like to suggest a meeting at [location eg. - [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. 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 punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. And, if you tell him not to, Neighbor cannot come onto your property without y. If you live in a neighborhood with an HOA look into their rules regarding fences as well. You also cant cause a nuisance with your fence or put the neighbors in danger. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. 2d 79, 81 (La. We store towels, medicine, toiletry supplies, first-aid gear, massage devices, facial steamers, spare Painting your garage is a great way to improve the look of the space and make the walls easier to clean.
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