neighbour has removed boundary fence

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). If they ignore your requests or neglect your lawful warnings, you can sue them in court. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. However, they need to be able to prove this and then ask for your permission before they move the fence. Besides, you should speak to your neighbor directly before you go to the police. JavaScript seems to be disabled in your browser. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. This means Yard Blogger may earn a commission if you make a purchase using any of our links. The location of a fence determines the jurisdiction of the court to determine the dispute. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. 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 . Find out more. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. About 50% of the fence now has trenches under . 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. 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. Your neighbor is only allowed to remove a fence if they put up the fence themselves and obtained the proper permit for the fence installation. 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! This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. Ask them to split the cost of a survey to see whose property it sits on. And make sure the fence height is allowed in your neighborhood. If the tree is not yours, do you know who is responsible? 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. My fence needs . 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. Fences are a part of the realty and become affixed to the land. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. If neither of you put up the fence and it is directly on the property line, then you have both have ownership of the fence and any decisions regarding the fence must have approval from both parties. You should take care not to cause unnecessary damage to the tree. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Nothing in the Act prevents neighbours coming to their own agreement about a fence, for example that one owner will pay the whole cost, or coming to an agreement . And give the neighbors some logical reasons for the alteration. For example, most places say your structure cant exceed a certain height. Your property is on a corner and has more than one frontage. 97% positive Your neighbor is not legally allowed to remove your boundary fence. In California, two inches from the property line is enough when building the fence. 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. Specify a reasonable period in which the neighbor should fix the encroachment, for . They also have the right to remove the fence when they please. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. But, some common themes typically arise. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. My neighbour has just built an extension. If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. Of course, if the tree is not yours, please let me know, and I will contact the council. However, these deeds typically dont mention any structures, such as fences. So, look up public records to find out. Let the county Assessor or Recorder know about the new deal. 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. You dont have to stand by as your next-door neighbor ruins your fencing. Neighbors must take you to court to dispute the fence placement. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. 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? Still can't believe we didn't discuss this properly before work commenced. For example, in California, the fence law states that if a neighbor wants to put up a fence, the fence must remain on their side of the property line. 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. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Fences are not transitory, as personal estate. 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. 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. 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. 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. 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. You cannot force your neighbor to put up a fence. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. What are the 4 types of boundary disputes? When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther. Bristol Member since 1 Jun 2016 Cookies I am keen to resolve this issue amicably and as quickly as possible. But what happens when fencing becomes the source of a dispute? And if you live in an urban area, the limitations on acceptable fencing could be even stricter. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Or, you could do a land swap. If neither neighbor put up the fence, then the ownership is shared. What constitutes "use " varies by state. Generally to protect yourself from future . I am keen to settlethis issue - as I am sure you are too. the last 3 words need to be clarified. Worked at a fence company for 10+ years. Stop fussing with the neighbors over the boundary fence. Until then, people cant tear up your property just because they dont like it. 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. 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. 1956). Letter templates for resolving property line disputes. Create an account to follow your favorite communities and start taking part in conversations. [Amended by 1981 c.897 30]. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. 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. I doubt this would qualify as a partition fence but I could be wrong. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days. If your neighbours fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. link to How To Organize A Bathroom Closet. a local cafe or other neutral space] on [date] at [time]. (Check for This First), Do I Need a Permit for a Pergola? We often link to other websites, but we can't be responsible for their content. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. This can be done by you, but you would need a plot map and you would have to locate the property pin. 32 This is the, Read More Is It Illegal to Walk Through a Gated Community?Continue, Youre about to leave for work in the morning when you see a car parked in your driveway, blocking, Read More How to Get a Car Towed From Your Driveway LegallyContinue, Well water offers many positive advantages, most importantly, fewer utility bills! If they wont do that pay for it yourself. Regardless of theproblem you are dealing with, it is crucial to resolve the issue quickly andamicablyto avoid difficulties with your neighbours. Then, the court can order you to move it, take it down, or find an alternative. The best way to settle a boundary dispute is to talk to your neighbor first.

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