Can my neighbour remove the hedge? - Saga Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. This fence you have looks fine. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Every city has different rules regarding fences. Dividing fences and other boundary issues | Legal Aid WA Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger So, record your domain at the local courthouse. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. They also have the right to remove the fence when they please. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. Boundary fences can cause much dispute and debate between neighbours. Let us explain. And you cant always knock down or move existing structures even if you own them. Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least youll be able to enjoy a tidy garden once more. Civ. Choosing the Best Type of Fence for Your Garden. You can determine whose fence is whose by looking at the property line. We often link to other websites, but we can't be responsible for their content. It depends on where you live. Fencing law in Victoria | Department of Justice and Community Safety the reasonable value of the fence as an enclosure at the time of its removal. [vii] Andres v. Todd, 296 S.W.2d 139, 143 (Mo. Click on a link to the section: Also think about whether it's safe to cut back the roots. My neighbour has taken part of my garden. What can I do? If the structure is on your side of the line, it belongs to you. jobs, How soon am I likely to get the answer. The neighbors don't have the right to tamper with your private property. I am writing regarding the [insert species] tree on your property. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. 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. Usually, cities determine height limitations by the landscape and the traffic. If the tree is not yours, do you know who is responsible? 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. Plus, they can sue if your fence is too high. 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. In this situation, you really need to choose your battles wisely. If you grow creeping vines on the side of a fence that belongs to your neighbour, you must ask permission to trim them (which is almost always granted). However, knowing exactly where your property lines are can be difficult. Yes. You could hit it with some restoring wash and then stain it and it would look almost new. 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. Your neighbour might agree to remove the fence. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. And what can you do if they violate your property lines? If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. Whatever the case, try to avoid heated arguments with the neighbors. If your neighbor initially built the fence, then they are legally allowed to remove the fence. You cannot force your neighbor to put up a fence. Can My Neighbor Remove A Boundary Fence? - Upgraded Home If you disagree with your neighbour about a wall or fence Don't use this disagreement to vent months or years of anger at your neighbor. The fence law is a local law instated by municipalities that states if a fence is on a property line, then both owners are responsible for the fence, including maintenance, unless otherwise stated in a written agreement. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . (Check for This First), Do I Need a Permit for a Pergola? Does the tree belong to you? Thus, they must show ownership of the property to remove fencing around it. If you want to have privacy, you will have to put up a fence on your side of the property. But, you would still have to put up the fence yourself. Fencing Laws and Your Neighbors: FAQs - FindLaw There is no party wall agreement between us and they did not ask for permission. Then, youll receive notice in the mail confirming the change. Old boundary fence becomes legal? I understand that you may have been unaware of this issue before I broughtit to your attention. Neighbor cannot replace a boundary line fence without your permission. Are you able to meet up on [provide two possible days/times] to try and find a way forward? You can both try to be sensitive. Privacy notice 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. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. Step 1 - Talk to your neighbour. In Washington state, the law addresses in detail the rights and responsibilities . Your neighbour can cut back that part of the hedge that . In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. 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. Neighbour's Fence On My Land - Property Disputes Yard Blogger is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. This post contains affiliate links from Amazon and other stores. The neighbor who erected and obtained the permit for the fence owns it. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? 892, 899 (Miss. Then, determine whos responsible for its placement and upkeep. 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. Neighbor can't do anything about it. 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. Each firm is independent of the others and regulated separately. These templates can be used to invite a neighbour to meet regarding your property line dispute. They can confront you to negotiate or consult law enforcement instead. Perhaps we shouldarrange a meeting to clear the air and sort out how we can resolve the situation. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. I am keen to resolve this situation quickly and amicably. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. best to check with council planning department. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. You dont have to stand by as your next-door neighbor ruins your fencing. If yourown fence has seen better days, find out more about our. You could also call an inspector out and ask if they recommend a repair or replacement. They can insist. For more information or to arrange an appointment please fill in the form below. Fact sheet - Boundary fences | Tasmania Legal Aid 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. Must the encroachment over the boundary line be removed or may it legally remain in place? If so, please would you take a look and arrange for the necessary work in order to make it safe? Sometimes a neighbor may build an ugly fence out of spite for a neighbor. 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. For more details see our Privacy Policy. My neighbour's fence blew down into my garden and they haven't removed To comment on this thread you need to create a Mumsnet account. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Also, the . Please get in contact with us either by calling the number below or emailing us. Your neighbor can legally build a fence on the property line provided they are following the local ordinances and have notified you in advance and you have had no objections. 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. 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. 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. 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 ? Good day . Your responsibility as a fence owner. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. Fences pass by a sale of the land as the soil [iii]. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Then, the court can order you to move it, take it down, or find an alternative. 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. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Letter templates for resolving property line disputes. Instead, you can put up a fence of your liking on your side of the property line and avoid any unnecessary drama. 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. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. To help you, you can call a land surveyor who will be able to properly survey the land and determine where the property lines lie. Fencing in Victoria | Dispute Settlement Centre of Victoria Neighbour has removed my boundary fence - MyBuilder The proof involves documentation of your property lines. Your neighbor may be entitled to move your fence if it encroaches on their property. Other places may view the fence as the joint property of both neighbors. In some states, the neighbors can claim your land if they prove you abandoned it. 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. You must have JavaScript enabled in your browser to utilize the functionality of this website. Whichever neighbor owns the boundary fence is responsible for it. 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. 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. 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. link to How To Organize A Bathroom Closet. I just want to know if I can legally remove the screws his has put in to my property. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. 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. Handbook of Florida Fence and Property Law: Boundaries and Possession Since the dawn of time, neighbors have been having disputes over boundary fences and fence ownership. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. 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. There are some exceptions if the works are urgent or the adjoining owner cannot be located. 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 might also enjoy our post on Can Your Neighbor Paint Your Fence? 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. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. 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. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library 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.