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Editor, Marcus Herbert. So, work toward peaceful living by utilizing the legal system. They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. Also think about whether it's safe to cut back the roots. The hedge has been there since the 1930s. Dividing Fences Act. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. 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. Section62 Forumite. First of all, establish who is responsible for the fence on theboundary in question. The same holds true for fence maintenance and repairs. If the wall is on the right, then you must ask your neighbour. Fences are commonly involved in boundary disputes. of Supervisors, 599 N.W.2d 460 (Iowa 1999). Instead, you should avoid the drama and put up a new fence yourself on your side of the property. This can beuseful should the matter have to be resolved before acourt in the future. Perhaps we could meet to discuss these options [next week/add relevant date]. If so, please would you take a look and arrange for the necessary work in order to make it safe? However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. In this case, the boundary fence belongs to both of you. [v] Sanders v. Lefkovitz, 292 S.W. Anything can be agreed in a mediation. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. 3.4K Posts. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. 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. 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. Heres everything you need to know. Press question mark to learn the rest of the keyboard shortcuts. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. My fence needs . I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. In this situation, you really need to choose your battles wisely. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. You really dont have any power when it comes to demanding your neighbor to put up a fence since they own their property and have the right to do what they want with it and what they dont want to do with it. Lets examine what a boundary dispute is and how it can impact your life. Therefore, I would like to suggest a meeting at [location eg. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. [iv] Miller v. Leonard, 588 So. The neighbors don't have the right to tamper with your private property. Is the old fence in need of replacement? 2 June 2015 at 10:22AM. "neighbour has screwed new fence posts to my garage on the boundary". When in doubt, do good to thy neighbor even if they do not do good to you. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. That means you have to determine the local mandates before doing anything. 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. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. 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 ? Trentwood Fencing Ltd 2022| Built by Kontrolit. 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. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. I spoke with our neighbour this afternoon and we came to an agreement. You are physically removing something that you do not own, which is breaking the law in most areas. 892, 899 (Miss. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Find out more. Its worth knowing this before you get into a discussion (or worse, a disagreement), as you might decide that your neighbours solution is aesthetically worse than the current problem! 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. Usually, cities determine height limitations by the landscape and the traffic. My neighbour has planning permission for an extension. Privacy notice 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. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. When building a fence in your yard, you'll need to be more cautious when approaching the property boundaries. Generally, a partition fence is built equally on both sides of the line. The location of a fence determines the jurisdiction of the court to determine the dispute. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. You can use the contract in court because its legally binding. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. (Heres Whats Required)Continue, So, you have an event coming up, youre excited about it, and you want to let everyone know as, Read More Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors?Continue. So, confront them first in person or writing. However, those rules might differ for rental estates, public areas, or government buildings. 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. Or see if your landlord can give you more information. 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, some common themes typically arise. 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. The value is determined by replacement costs minus depreciation for age and use. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. USLegal has the lenders!--Apply Now--. 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. 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). Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Try to be fair. Local fence laws work on the assumption that boundary fences benefit both property . If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. The best way to settle a boundary dispute is to talk to your neighbor first. What constitutes "use " varies by state. Other places may view the fence as the joint property of both neighbors. Don't use this disagreement to vent months or years of anger at your neighbor. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. 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. Any modifications and attachments can only be done by the legal owner, meaning your neighbor, even if the side of the fence is facing their house, cannot legally change anything on your fence. So, if you have been considering digging a, Read More Can I Dig a Well on My Property? This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. 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. Fences pass by a sale of the land as the soil [iii]. We dont have a weed issue. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. Each firm is independent of the others and regulated separately. Let us explain. 1949). However, if neither of you built the fence, then your neighbor is not allowed to just take it down. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! Cookies 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. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. JavaScript seems to be disabled in your browser. I look forward to seeing you on [date]. Well only use this information to handle your enquiry and we wont share it with any third parties. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Convenient, Affordable Legal Help - Because We Care! Generally to protect yourself from future . There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. In a suit for damages for removal of fences, courts grant injunctions: Some statutes award criminal penalties on individuals who unlawfully fence the land of another. The fence is your beighbour's as he purchased and erected it. My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. [iii] Stoner v. Hunsicker, 47 Pa. 514, 515 (Pa. 1864). 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. However, this matter can be tricky to navigate so we have unpacked all the factors that are part of boundary fences and how you can solve your issues with your neighbor the best way. Thanks for your answers. If you are planning to remove a large . I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence . Sitemap Unless the existing fence is causing a safety hazard on your side, theres very little you can do to force your neighbour to repair or replace it if they dont want to. 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 am writing regarding the [insert species] tree on your property. Figure it out. You can do several things if a neighbor refuses to fix their broken fence. Or try to legally change the property lines if you cant settle the dispute. Spite Fences: . There would now be two fences along the boundary. 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. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. Your rights are to use your property up to but not over the boundary line. But what happens when fencing becomes the source of a dispute? Causing permanent damage to your property. Rules about private fencing can vary from state to state. And the deal is good until someone changes it. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Resolving conflicts involving trees on properties. Describe the violation. Fence erected inside boundary line. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Neighbors can make the choice to put up a boundary fence if they both want to provide privacy to each other but there is no law that states you have to have a boundary fence. Bono Construction. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. If you're not splitting the cost, then let it stay until it's literally falling over. I doubt this would qualify as a partition fence but I could be wrong. 30 App. Let the county Assessor or Recorder know about the new deal. There are two main areas when it comes to boundary line disputes. Although we disagree about this, we are neighbours andneed to resolve the problem. I had a fence that got blown over in a hurricane. Make it clear in writing, you want this fence to stay. If your neighbors attach anything to your . However, now that I have written to you regarding the matter, I would appreciate your swift action on this. However, knowing exactly where your property lines are can be difficult. 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. 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. Whoever built the fence between the houses and obtained the permit to build the fence, owns it. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. Boundary disputes involve your neighbor using your property without your consent. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. (Heres Whats Required). Boundary fences can cause much dispute and debate between neighbours. These will also determine what can be done as far as replacing or repairing a fence. And give the neighbors some logical reasons for the alteration. In State v. Roberts, the court observed that persons unlawfully and willfully, burning; destroying; pulling down; injuring; or removing any fence, wall, or other enclosure shall be guilty of a misdemeanor[viii].