The legal position with regards to boundary and fence disputes, and how neighbours can often solve the problems themselves without having to resort to expensive legal action. 3.4K Posts. Ready to change the property lines around your house? 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. So, be sure to maintain the area around your property line. Your property is on a corner and has more than one frontage. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. The value is determined by replacement costs minus depreciation for age and use. It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it. In the absence of mention of the hedge or boundary measurements in the titles of either property a Court is likely to assume that a line drawn through the centre of the base of the hedge represents the boundary; thus the hedge is joint property and cannot unilaterally be removed. One of you OWNS the fence. Fences pass by a sale of the land as the soil[iii]. Please note when writing your letter that if you want to sell or lease part of your land to your neighbour, you will need to gain permission from your mortgage provider. Is it technically on the edge of your property and, therefore, belongs entirely to you? In this case, the boundary fence belongs to both of you. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. 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. However, if you put up the fence accidentally on your neighbors side of the property line then you are actually encroaching on your neighbors property. That, my friends, is the question. For more details see our Privacy Policy. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. Can a Neighbour remove a boundary fence? 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. If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. Or they can argue that your structure encroaches on their land. Good day . And make sure your neighbors are maintaining their fences correctly. (Check for This First)Continue, When it comes to home improvement projects, adding a pergola is a great way to increase your extra outdoor, Read More Do I Need a Permit for a Pergola? you disabled cookies on this website - some functions will not operate as intended. That means barriers that block entrances or hide street signs are illegal. 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. Zippity Vinyl Fence Perfect for adding some style to your yard. ), with fence ideas that look great, too. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. Then you have to find out if your neighbors have any rights to the existing structure. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. Your Get free, zero-commitment quotes from pro contractors near you. Either way, dont let people touch or move your stuff without consent. Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. Re: Encroachment of [fence/hedge/other encroachment] onmy land. In this case, the neighbour would therefore have to be served notice as the extension affects their property. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. If neither neighbor put up the fence, then the ownership is shared. the last 3 words need to be clarified. I just want to know if I can legally remove the screws his has put in to my property. For example, . You might also enjoy our post on Can My Neighbor Move My Fence? Or they can argue that your structure encroaches on their land. And make sure the fence height is allowed in your neighborhood. . In one instance, you may have an issue over where the boundary line of the property actually sits. Today at 9:15AM. 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. Is the old fence in need of replacement? If yourown fence has seen better days, find out more about our fence repair services. So, record your domain at the local courthouse. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? They also have the right to remove the fence when they please. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: to prune the . Hello my partner's neighbour has removed a small dividing hedge between the two properties, . Cookies My neighbour has planning permission for an extension. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. 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. The mediator will facilitate any discussions and hear both sides of the story and suggest ways to resolve the situation fairly and equitably. Whatever the case, try to avoid heated arguments with the neighbors. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. 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. For example, most places say your structure cant exceed a certain height. A private individual cannot claim damages from the authorities for removal of encroached fence. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. What are the 4 types of boundary disputes? It also suggests negative things about the neighbour who makes changes to a . Dividing fences are a common cause of disputes between neighbours. Local fence laws work on the assumption that boundary fences benefit both property . A title deed will show your propertys boundaries but they usually do not mention any structures that fall within the boundary or directly on the boundary, such as a boundary fence. We will pay for the fence and retain ownership, responsibilities for repair etc. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. 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. I'm just getting in touch regarding the [insert species if known] tree at [location]. On Of course, if the tree is not yours, please let me know, and I will contact the council. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Thanks for your answers. A property boundary defines legal ownership of land and its position can only be determined by a licensed surveyor. This case shows the importance of checking your legal position before you remove any boundary . Usually in the rear corner of the yard. Until then, people cant tear up your property just because they dont like it. The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. Have your neighbor agree to acknowledge your property right. When the fence needs maintaining in the future, its down to them or successive owners of their property. 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. First of all, establish who is responsible for the fence on theboundary in question. You can bring the matter up to your local municipality as fence laws are local ordinances. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. Then, youll receive notice in the mail confirming the change. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary 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. Neighbor can't do anything about it. You could also call an inspector out and ask if they recommend a repair or replacement. Convenient, Affordable Legal Help - Because We Care! 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. You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. If the fence is sitting directly on the property line there might be a grandfather clause that allows it to go back directly on the property line. 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. 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. 1956). Does the tree belong to you? So, if you have been considering digging a, Read More Can I Dig a Well on My 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. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. 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. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. If so, please would you take a look and arrange for the necessary work in order to make it safe? Glad it is all agreed and everything will be put in writing. You can't make changes to your side without their permission, such as painting 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. Anything can be agreed in a mediation. Each county has different laws regarding property lines and boundary fences. That person makes the rules. However, illegal fencing doesnt give people the right to remove it without notice. 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. It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. Answered 3rd Jun 2016. In some states, the neighbors can claim your land if they prove you abandoned 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. Is It Illegal to Walk Through a Gated Community? It is more the dam cheak than anything else. There are some exceptions if the works are urgent or the adjoining owner cannot be located. Fences are a part of the realty and become affixed to the land. In some cases, yes, and in some cases, no. (Check for This First), Do I Need a Permit for a Pergola? If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . A building on the boundary is not considered a fence. USLegal has the lenders!--Apply Now--. Yes. Resolving conflicts involving trees on properties. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. 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.