The fence is your beighbour's as he purchased and erected it. This saves you the bother of having to move the [fence/hedge/other encroachment] but acknowledges that the land remains part of my property. Let us explain. This post contains affiliate links from Amazon and other stores. 1949). They must follow the appropriate channels to get you to take it down. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. the reasonable value of the fence as an enclosure at the time of its removal. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. [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 you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. We dont have a weed issue. The punishment for removing your neighbors fence will vary between municipalities but you will most likely get fined by local authorities. We've just had about 9k of . If you go down this route your neighbour should . you disabled cookies on this website - some functions will not operate as intended. My Neighbour's Hedge Is Overgrown. 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. (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. 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. Basically our neighbour informed us they were replacing the boundary fence between our properties assuming it was theirs as it runs to the left of their property. Resolving conflicts involving trees on properties. 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 ? 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. I'm just getting in touch regarding the [insert species if known] tree at [location]. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Or your neighbour might offer you some cash to leave it where it is. JavaScript seems to be disabled in your browser. I spoke with our neighbour this afternoon and we came to an agreement. jobs, 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. Thank you for your cooperation on this matter. 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. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. 100% positive Ready to change the property lines around your house? Knowing the rules and regulations for fences on boundary lines can help keep the peace. 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. Fences. Thank you. About 50% of the fence now has trenches under . London Member since 20 Apr 2011 32 jobs, 97% positive feedback. If the wall or fence seems dangerous, point this out because your neighbour might not be . For example, . Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. 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). Then, the court can order you to move it, take it down, or find an alternative. Press question mark to learn the rest of the keyboard shortcuts. You will only earn a small fine and a bad neighbor reputation. And make sure your neighbors are maintaining their fences correctly. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. I suspect were going to have to engage a surveyor to make that determination. Between 2 to 8 inches. A question which may be important depending where you live .. you said it lies between the properties but that you're the one maintaining it and the neighbor wants you to pay for the replacement? In this case, both neighbors have the right to the fence. - If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. 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. The neighbor who erected and obtained the permit for the fence owns it. 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. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. 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. It also suggests negative things about the neighbour who makes changes to a . 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. Or try to legally change the property lines if you cant settle the dispute. This information will also be on your deeds. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. If you are dealing with a boundary dispute, you should contact a real estate lawyer to decide on the best option going forward. 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. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. Fences are not transitory, as personal estate. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts. Fences are commonly involved in boundary disputes. Can my Neighbour remove boundary fence? 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 . Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter's field . Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. Fences are not transitory, as personal estate. If the tree is not yours, do you know who is responsible? 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 ? Choosing the Best Type of Fence for Your Garden. Oregon law has specific provisions for such and while we dont debate that the fence needs maintenance, we do contest that it needs to be replaced in full. For example, the neighbor's hedge or fence is encroaching on your property. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve. By continuing to use the site, you agree to our use of these cookies. The standard for measuring damages for such removal or destruction is its value at the time. 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. Property boundaries. However, knowing exactly where your property lines are can be difficult. 1991). Either way, dont tamper with a property barrier until you establish the rightful owner. Therefore, I would like to suggest a meeting at [location eg. They didn't mention any change to fence height, but found out when it was being constructed that they were installing a . 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. 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. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. Fences pass by a sale of the land as the soil[iii]. Must the encroachment over the boundary line be removed or may it legally remain in place? Establish the property lines instead. When in doubt, do good to thy neighbor even if they do not do good to you. Forcing a Neighbor to Remove an Ugly Fence . However, now that I have written to you regarding the matter, I would appreciate your swift action on this. However, they need to be able to prove this and then ask for your permission before they move the fence. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Communicatingvia letter, also provides both parties with a written record of the dispute. 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. Also think about whether it's safe to cut back the roots. You might also enjoy our post on Can My Neighbor Move My Fence? In addition, if you have neighbours whose garden backs onto to the rear of yours, you may needto find out who is responsible for any fence on this boundary, too. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. Thanks for your answers. If I were you I'd just say 'OK, it's on the list' every time it's brought up and continue doing what I was going to do. 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! 04/03/2016 18:32, Thanks so much for all the replies. 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. One of you OWNS the fence. Creating open communication with your neighbor is the best way to reach an individual agreement without involving the law. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. Sharing a boundary line with a neighbor can unfortunately lead to conflict. Whichever neighbor owns the boundary fence is responsible for it. Re: Potential [insert species if known] tree issue. Please refer to our full affiliate disclosure policy for full details. 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. Do I Need Planning Permission For a Fence? The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. In this case, the boundary fence belongs to both of you. Generally, neighbours contribute equally. Stop fussing with the neighbors over the boundary fence. If yourown fence has seen better days, find out more about our. 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. Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. 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. Find out more. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Its not difficult. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. 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. We live on mostl;y sandy soil and when he dug the line it caused the sandy soil to loosen. So, they can't remove boundary fencing even if they don't like its location. Some states define use as occupancy - such as using the land up to the fence . London Member since 20 Apr 2011 Although it was illegal for your neighbor to remove the fence, you should try to avoid the law as much as you can since boundary disputes can be lengthy and may impact the possibility of selling your house in the future. By . And what can you do if they violate your property lines? In a lot of states a boundary fence is the responsibility of both neighbors. The issue is whether it needs to be repaired or replaced and thats the matter being debated. 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.