It is not likely that you will face any jail time. 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. Her hobbies include architecture, art, mental health, and fashion. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. In general, you should always build boundary fences with the panels facing outward along the border. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. Then, give them time to make repairs. Anything can be agreed in a mediation. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. 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. What constitutes "use " varies by state. You will want to know this regardless. 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. There you have it - the common laws around trees and garden boundaries. Your neighbour can cut back that part of the hedge that . If they wont do that pay for it yourself. Have your neighbor agree to acknowledge your property right. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. Even if youve established that the problem fence is your neighbours responsibility, take some time to consider your options before you approach him or her. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. Generally, neighbours contribute equally. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. 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. They have plants growing over the fence on their side. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. Fencing law in Victoria | Department of Justice and Community Safety A building on the boundary is not considered a fence. Communicatingvia letter, also provides both parties with a written record of the dispute. Neighbour has removed my boundary fence - MyBuilder However, illegal fencing doesnt give people the right to remove it without notice. I had a fence that got blown over in a hurricane. Your Get free, zero-commitment quotes from pro contractors near you. Civ. However, for negligent action on the part of the public authority, s/he can sue for damages. 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 . Its not difficult. We were happy enough for them to do this and agreed verbally. The fence is used and maintained by both parties if it was built by the municipality or if there is a special agreement. You might also enjoy our post on Can Your Neighbor Paint Your Fence? Dont forget to check for any easements that may run through your property across the fence line. Dividing fences | State Library of NSW This notice has to be served at least 21 days before submitting a planning application. If your neighbor is willing, ask them to sign an agreement that establishes new property lines. And if you live in an urban area, the limitations on acceptable fencing could be even stricter. 2. My neighbour has moved the boundary fence on to my land. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Re: Potential [insert species if known] tree issue. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. The neighbors don't have the right to tamper with your private property. What are the 4 types of boundary disputes? This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. In this case, the boundary fence belongs to both of you. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Your neighbours fence will undoubtedly fall into further disrepair but at least you wont have to look at it any more. Removal or Destruction of Fences - Fences - USLegal What happens when one of those neighbors decides they want to remove a boundary fence though? I want to tell them to take thing down. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. That person makes the rules. 3.4K Posts. Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. 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. My neighbour is getting a builder to take my fence down to - The Sun Neighbour's Fence On My Land - Property Disputes Usually in the rear corner of the yard. If the fence is directly on the property line, then both neighbors earn ownership and responsibility for the fence. The Act does not deal with disputes about fences that are not on a boundary line. 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. As for painting the fence I cannot see a problem at all . If the property is rented or council-owned enquire with them if your neighbour has removed or . However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. Worked at a fence company for 10+ years. Can my neighbor take down my fence without permission? 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. The proof involves documentation of your property lines. Every city has different rules regarding fences. Whichever neighbor owns the boundary fence is responsible for it. When I bought my house I asked the neighbours behind if I could take out the old hedge (useless) and put up a fence, at my Down the decades, since 1937, the front divide between my semi and my neighbours has been wire fencing and then various forms of 2008-2023 MyBuilder Limited Our website uses cookies. You can hire a licensed surveyor to physically mark the boundary if you and your neighbour don't agree with the boundary location. dig up the root and cut a tree root back to the boundary or fence line of your property. [Amended by 1981 c.897 30]. This is assuming the boundary fence lies directly on the property line. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. These will also determine what can be done as far as replacing or repairing a fence. Can My Neighbour Remove the Fence Between Our Properties? - Wezaggle Property boundaries. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. 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. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. 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. a local cafe or other neutral space] on [date] at [time]. I'm just getting in touch regarding the [insert species if known] tree at [location]. You might also enjoy our post on Can My Neighbor Move My Fence? Create an account to follow your favorite communities and start taking part in conversations. Removing your neighbors fence is illegal if you do not obtain their permission. I look forward to seeing you on [date]. This can be done by you, but you would need a plot map and you would have to locate the property pin. The fencing notice forms the basis for the owners to . Elements allowing punitive damages are[vi]: Generally, equitable principles and rules are applicable concerning the protection of rights and interests in partition walls[vii]. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. The location of a fence determines the jurisdiction of the court to determine the dispute. Tree Disputes #6 An overview of the Law in Australia - Lexology martinsurrey Forumite. Please refer to our full affiliate disclosure policy for full details. you agreed to accept cookies from this website - thank you. 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 ? Some states define use as occupancy - such as using the land up to the fence . Still can't believe we didn't discuss this properly before work commenced. And what can you do if they violate your property lines? Perhaps we could meet to discuss these options [next week/add relevant date]. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. 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. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. I am keen to resolve this issue amicably and as quickly as possible. Then you have to find out if your neighbors have any rights to the existing structure. It is possible that your neighbor thought the fence was theirs and therefore believed they had the right to remove it. And you cant always knock down or move existing structures even if you own them. If your neighbor has removed your boundary fence, by now you should understand how you can go about resolving this dispute. Maybe call the building department and ask them to look for a permit for a fence? For more information or to arrange an appointment please fill in the form below. Your best bet will be erecting the fence well within your property's boundaries. The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario. If you want to have privacy, you will have to put up a fence on your side of the property. So, work toward peaceful living by utilizing the legal system. 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. There was no survey as I suspect we both relied on the survey maps and fences dont show up on that. Does the tree belong to you? Laws about boundary fences can change based on where you live. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. It has really helped clarify the situation. So, the homeowner is usually responsible for its location and upkeep. Boundary disputes involve your neighbor using your property without your consent. If you remove your neighbors fence, you may be fined if your neighbor pursues legal action, but, anything more than that, such as jail time, is highly unlikely. Provided that the neighbor receives the appropriate approvals they have a right to build up to the boundary line. Your responsibility as a fence owner. Fencing Laws and Your Neighbors: FAQs - FindLaw Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Is it technically on the edge of your property and, therefore, belongs entirely to you? Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. 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. If the fence lies at least two feet inside their property line, the neighbor has the freedom to remove the fence. Which I trust you understand, is a considerable difference. Can I Trim Overhanging Trees from Neighbours - NSW - GoTreeQuotes When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. 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.