Can My Neighbour Remove Fence Between Our Properties


  • Can My Neighbour Remove Fence Between Our PropertiesYou can talk to a lawyer for free at Tasmania Legal Aid. Such a situation can lead to an adverse possession claim, which means that your neighbor can legally acquire the part of your property that they have fenced in. On the top of the quite steep embankment are a number of large, and. When you have a tree near the property line between your yard and the yard of your neighbor, its branches may overhang the adjoining space. Can My Neighbour Remove My Fence? This depends on if your neighbour can prove that your fence is in fact trespassing on his or her property. My neighbour and I have decided to replace an existing old hedge with either a wall or a fence. Boundary fences when it involves livestock. If the neighbour has contributed to the fence, then the. For instance, I live in a neighborhood with wire fences. Your responsibility as a fence owner. So if a storm causes your neighbor's tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible. If your fence encroaches on your neighbor's property, you may be required to remove the fence and your neighbor may have rights to damages. It's an unshielded fixture that casts a bright light that spills onto your property and perhaps even inside your home. Nobody wanted to pay for the property damage that was caused. Discussed with neighbor about putting fence on property line and they agree, even out their helping mark the property line between houses and neighbor was also outside during the whole fence. Disputes can arise between neighbours for many reasons. The one shortcoming of having an easement, as opposed to owning the land, is that you undoubtedly want to keep a fence between your driveway and your neighbor's property. Whether you're building a fence or retaining wall, removing a tree or placing a new driveway, the boundary of your property needs to be clearly . Neighbour's fence: What can I do when my neighbour won't repair his fence? Fence height: How high a fence can I put on my boundary?. Most people assume the fence marks the property line but the only way to really know is to have a surveyor come out and. 123, passed in 1981, governs this issue. The easiest, though perhaps not the cheapest, option is to give the neighbor written notice that if he doesn’t complete the new fence within, say, two weeks you intend to hire a fence company to install the fence and send him a bill for 50 percent of the cost. Q: I live an old New England farmhouse and the property line between my house and my neighbor is an old stone wall. If your neighbour builds a fence higher than the bylaw allows, you can talk to them about it. 3 of the shuttered Signature at West Neck golf course, designed by Arnold Palmer, in the southern part of the city. Fence Disputes: Who owns the fence between two houses?. You should talk with your neighbour directly or seek independent advice if: overland surface water flows between properties due to the natural slope of the land, construction of a fence, wall or building causes water to dam rather than flow,. A dividing fence is a structure that separates neighbouring properties. New York Property Line and Fence Laws at a Glance. If your property, or a property you're considering buying, has a fence on the property line, it's considered a “Partition Fence”. A dividing fence dispute is a disagreement between neighbours about a fence or proposed fence that separates neighbouring properties. can my neighbour erect a fence, higher than mine & fixing. What about the concrete sludge. Roots can damage foundations, block drains or lift brick paving. Rebecca Clapham, head of household products at Direct Line, explains what you need to know, and do, if your home is damaged by a water leak originating from your neighbour's property. The Line Fences Act never mentions livestock! Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty on. If the fence is on the neighbor’s property and is not required by any city ordinance, HOA regulations or any other statutory or contractual rules, then the neighbor can do whatever they please. between gardens are sometimes a real bone of contention between neighbours leading to serious disputes. 25 Ways to Annoy Your Neighbors. Finding out that it's all your neighbor's fault can call for some more serious actions. That means no fences, sheds, walls, trails or buildings. The fence was starting to fall down. Try to reach a neighbor-to-neighbor agreement. Just as a precaution, if you or a neighbor are thinking of building a fence on or near one of your home’s property lines, make sure to consult your real estate agent on any rules and regulations. This unplanned change in property line is unlikely in a subdivision where property descriptions on deeds simply state "Lot 23 in the NewHaven Subdivision Plat A". Print Your responsibility as a fence owner. When it was going in she came down and threatened workers to stop work. The city provide us 2 bins one for trash and 1 for recycle items. Boundary Fences A backyard fence that splits the property lines between neighbors is called a boundary fence. It sounds like you will gain a few feet of the garden if they have erected a fence. Fences between lands laid out in lots under Ohio subdivision law. A backyard fence that splits the property lines between neighbors is called a boundary fence. An informal discussion between a municipal staff member or the adjoining owners can often help to resolve a dispute, especially where the owners are not on. If a person has erected a fence, obviously he is the owner. Can My Neighbour Remove the Fence Between Our Properties? No, owners should not remove a . If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides rules about each neighbour's responsibility for dividing fences and for trees so they can resolve issues early without a dispute arising. Who owns the fence between me and my neighbour? If you install a fence or hedge completely on your side of the dividing line (also called the “property line”), this fence is yours. A friend of mine is going through a dispute with a neighbor about a right-of-way and I thought it was worth sharing. Can I ask our neighbours to remove a fence built on our land? [online] Homes and Property. 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. Up to now, several months later, they have still not replaced it and the only thing giving us any privacy are our 2 sheds, which we want to remove to give more space. The previous neighbors' beagles kept climbing the old four-foot rusty wire chain link fence, so we replaced it with a taller wire fence. Frequently Asked Questions (FAQ). Responsibility for an Overhanging Tree. Assuming we're talking about a good neighbor fence on the boundary line between your property and the fence-removing neighbor, there are some basic laws you should know. In general, to the extent that a portion of your fence encroaches onto the neighbor's property, the neighbor can remove it or can take you to court to show that it encroaches and get the court to order or allow its removal. Using our services is usually enough to resolve the issue with your neighbor. The neighbor behind my house just had a fence installed and is planning to have her stone driveway blacktopped. Thus, you and your neighbor would share the cost of repairing and replacing the fence. This guide is also available in Welsh (Cymraeg). - If taller than 6 feet, an over-height fence permit required; fence must meet conditions in Denver Zoning Code (PDF) Section 10. uestion: While we were away on holiday our neighbours put up a fence, which is on our land rather than on the boundary between the two properties. Q Recently I had to replace the property-line fence between our house and our side neighbor’s. Therefore your property (legal) boundary runs through the centre of . My neighbour removed a hedge between both our properties. I've offered to go halves on the cost of cutting it down. Or, you can be proactive and file a lawsuit to have a court make your easement official. Recently, the neighbor told me he was installing a wood fence along the wall. My neighbor built his fence, at approximately 8 inches over the property line on his side of the property. We spoke to Mary Rouse, head of property . If you paid for your fence to be erected then if your neighbour causes any damage to your fence you will be able to ask for damages cost as it is your property, plus they should not be fixing another fence to your posts anyway. We’re trying to paint our two-story house, but my neighbor has completely fenced in her property. He has absolutely no right to do this. Be sure to also check your local code of ordinances to see if any additional laws exist. One of my neighbors has an invasive grapevine that is coming over our fence and threatening our dogwood tree and other bushes. There are plenty of ways a neighbour can damage your fence, whether they lean heavy items against it or let their dog chew it. Is that legal, and what can we do about it? When the adjacent property uses your backyard for drainage, try diplomacy first, then threats. Property Law: my neighbour’s fence has blown into my garden. A caveat, however; make sure you know where your true property boundaries are. As a result, disputes over fences are fairly common. The chart below provides a summary of state laws related to fence laws in New York, including links to important code sections. Its quite a big tree, my hubby doesn't want to fell this tree because its the neighbour's tree, but we want to get rid of that, and when he asked the neighbour, he said he can do it, and anyway that is on our yard. This is because a fence on the boundary is legally considered to be part of the land on each side. Often neighbours can work together to reach a resolution. Your neighbor is only allowed to remove a fence if they put up the fence themselves. Garden Fence Boundaries are often determined by examining the type of fence and its location, and applying Common Law boundary presumptions, fencing protocols and/or building conventions, i. It will usually be on the common boundary between the two properties. The neighbour had thought that a fence which had been erected on our client's side of the hedge had been the boundary. who owns the hedge, wall, tree or fence between 2 properties. Unfortunately, if the neighbor is acting like this, they have no respect for you. A fence built on a boundary is typically considered joint property of both property owners. Mulch beneath them with two inches of stone or wood chips to keep seeds from rooting beneath the barrier. As a general rule, neighbouring property owners are each responsible for paying half the cost of erecting or repairing a dividing fence between their lands. The legal position with regards to boundary and fence disputes, and how neighbours can often solve the problems themselves without having to resort to . 'Huge trees from the railway line will soon grow over my. Any agreement you make with your neighbour about your dividing fence overrides the provisions of the Dividing Fences Act 1961 (WA). There is actually a Texas statute that provides requirements for a landowner seeking to remove certain fences on his or her own property. The average cost of installation is around £100 per panel, according to the tradesman finding site My Builder. When I approached my neighbor about the fence his response was, the fence has probably been there for 40 years and besides I have all my landscaping and sprinklersrs up to the fence. The most common way to deal with this issue is to pave over the front garden, allowing you to simply drive onto the front of the property, and not use the driveway between the houses. Signing out of account, Standby Entrepreneurs weigh in on the immigration debate. Hello, I have a question regarding what is typically referred as Boundary fence between homes. If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If the fence is on the boundary line between both properties, both property owners own the fence as long as both "use" it, unless an agreement indicates otherwise. "The public path through the park passes the bottom of our garden. Watch this video to lean how to remove a fence post. Many of us have experienced this scenario: a neighbor installs a new light on their property. When applying for a permit, some localities make you submit the survey with your permit application. If you can prove the neighbor installed the fence on your property without your. His wife, who had a massive stroke years. If a property owner installs a fence completely on their side of the property line, the fence is theirs. The massive fence was built by Michael Blackmore and has left Andrew Fields, his neighbour. Without action, enough time could pass to make the encroachment a prescriptive easement, which can mean that you lose the right to require your neighbor to remove a fence or stop using the portion. It’s important to educate yourself with not only the laws, but also the history of the fence itself. Q: We have had a fence for a number of years between our property and the next-door neighbor’s property, but my new neighbor says it encroaches onto his property (this is someone who bought. Although many property owners approach their local municipality about line fence matters, they are usually able to reach agreement with their neighbour without the need for a formal viewing. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal Causing permanent damage to your property Risking potential violent behavior from your neighbor. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Tom Luckman used to sit on a bench in his backyard, sipping coffee and taking in the view. If you have had your land surveyed, you may be able to determine your exact property line. If your neighbor has taken a few feet of your land when building his fence, you can take steps to take back your land. Fences and the law What is the Neighbourhood Dispute (Dividing Fences and Trees) Act 2011?. There are many choices of plant material, depending on the level of privacy you desire and the look you want year-round, from evergreens like cedar, yew and boxwood to perennial grasses and flowering shrubs - the possibilities are endless. Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. Overhanging branches, damage from roots and dropped foliage can all contribute to issues between neighbours. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence. When sharing our fencing experience on Instagram stories, a question I got over and over was "How do you know if the fence is yours?" In general, you can take a look at the fence posts to answer this question. Neighbour is taking down MY fence! My neighbour has planning permission for an extension. I did as she was screaming like a crazy lady. It also provides a procedure for notifying the owner of the expected cost. You cannot build anything, including a fence, on your neighbor's property without their permission. A hedge can be a beautiful way to define the boundaries of your property and provide a stunning backdrop for your garden. Are there any rules about where a fence has to be erected? Normally, a dividing fence should be erected on the boundary. When this happens, the neighbor whose property is encroached upon can sue to get the fence rebuilt in the correct location. The first type is an access way, standing partly on one owner's land and partly on an adjacent owner's land, over which both owners enjoy a right of way. Trees can be tricky, but for the most part homeowners are responsible for what falls into their own yard. Many existing fences are not located exactly on a boundary. There is a short street-facing 6′-high fence between my neighbour's bungalow and mine. Fences are typically built between 2 and 8 inches from the line between properties. You can’t make changes to your side without their permission, such as painting it. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. 909 of the Texas Local Government Code. On one side of our property, the posts were facing our neighbor's house, therefore we were confident it was their fence, not ours. If your neighbor insists on building on the property line without your consent or damages your property it becomes a civil matter. If you or your neighbour don't own the property, then it may be that neither of you is willing to take responsibility for a new fence. 21 years ago, my neighbour was erecting the fence between our gardens. If I don't want the old fence removed, can I stop him? Ohio's line fence . Responsibility for an Overhanging Tree. What if my neighbor puts livestock against the boundary fence after I have built it?. There is a shared outbuilding between our two houses; it has seperate. Problems arise when you believe that a neighbor has built a fence on your land, thus reducing the size of the property available to you. Both owners are responsible for . If for example, you are looking to. There was an unfortunate case a few years back where neighbours feuded over a property boundary. However, this does not necessarily mean the owner can do with it as he wishes. Meet on the sidewalk or on the property line. Can a fence be put up, replaced or removed without my permission?. Our neighbour recently padlocked a gate across the path, but offered us a key. Can my neighbour and I make our own agreement about constructing a dividing fence? Yes, you can, and it's a good idea for you to do that. (As it turns out, fences not only make good neighbors, they make chicken saviors. Other neighbors, who have horses and cows, are also smelling the spray. If they have an animal, they need to have fencing or an enclosure /tethering system. What can I do if my neighbour's fence is falling down?. Altering a fence in real life isn't so straight-forward In case of putting up a new . A dividing fence can be made out of all sorts of materials, for example bricks, metal or wood. You should write a letter to the council explaining your situation and why the gap has become an issue for you and your family. Fencing may also be regulated by Texas municipalities. This subchapter governs adverse possession in Texas, often referred to as "squatter's rights". The spray drifts over here while we are out in our yard. Can we object to this? A Any substantial interference with a right of way is a nuisance in common law. We want a fence to the right place, because even if he says we can keep that little area, he is not the owner, so in the future we. Who owns the fence between me and my neighbour? If you install a fence or hedge completely on your side of the dividing line (also called the "property line"), this fence is yours. Fences that divide one property from another can be the cause of major disputes between neighbours when the time comes to repair or replace them. My husband came out said get inside. If you can't solve the problem, ask your council to help. If your property backs onto a road and has a problem with overhanging trees, it's possible the Highways Agency might ask you to remove them. How to deal with neighbors that encroach on your property. If your neighbors attach anything to your. "The children used to ride bikes on my driveway, I now keep my front gated locked. Dividing fences cases are managed through NCAT's Consumer and Commercial Division. He and his wife, Sis, live on hole No. If it's on the boundary, you may. If one owner erects a fence inside a boundary the neighbour may be tempted to make use of the land thereby creating possible future problems. Sharing costs between neighbours. On one hand, you don’t want to meddle in their lives. If he refuses to pay for a new higher fence, can I put install a higher fence on my side of the fence on my property and leave the old fence as is. If you want to work out where the boundary is so you can build, fix or replace a fence, you can serve a 'Boundary Notice'. The truck driver runs over our fence. Although we are quite a distance away, we can still smell it. Finally, misplaced fences could result in land acquired via “adverse possession. My next-door neighbour's fence blew down into my garden during a storm a few months ago. There's no legal obligation of your neighbors to share in the boundary fence. A neighbour has no legal obligation to contribute to the cost of fencing work unless they have agreed to pay or the Fences Act 1975 (SA) procedure has been followed, or urgent repairs are required. It's not because it needed repair or anything. In my experience, unless you can get your neighbour to agree to it then you will not be able to erect a fence on their property, alternatives would be to either lose an extra 4 - 6 inches of your drive and build it on your own property or see if you can pursuade them to allow you to build, clear definition of the boundary will help settle any disputes, also a property can not be sold if there. Here are ways to ease the conflict, as suggested by mediators. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Your neighbor could end up acquiring part of your property through adverse possession after 10 years if certain conditions are met. damage or remove any marker or other landmark set in the property of another. In Queensland, dividing fences are often used as pool barriers as an efficient way to comply with pool safety laws. The complaint may also be about a "spite" fence. Many pieces of property have legal right-of-ways that grant access to pieces of property for many reasons. Reaching an agreement between the two of you — without involving attorneys and/or the court system — is generally the fastest, easiest and cheapest way to resolve neighbor property line disputes. My neighbor wants to replace her entire fence, including a panel between our two properties. 4 the DPW can issue an abatement order requiring the landowner to, as soon as possible, and no later than 15 days after notice of the violation although they can apply for an extension. I objected to his extension and stated that under no circumstances could he take down the fence. Help, my neighbour has damaged my property. The other couple tried to justify their actions by saying that the fence was 'tatty and. and I'm tired of my next door neighbor putting their trash in my garbage can when theirs gets full. If the fence is clearly on your property, he has no right to tell you what to do with it. The Neighbors Are Watching Via Surveillance Video. The new law states that such a fence is subject to the Line Fence Law. Unless it's stated in the deeds of the neighbour's property that there should be a physical barrier or the wall (if it is a brick or stone structure) is listed (as opposed to 'listing') there is no law that says you have to place a physical boundary between your property and your neighbour's, be it fence, wall, vegetation. Fence etiquette prevents disputes between neighbors. ) Under terms of the settlement hammered out Thursday, Williams will pay for a privacy fence between her yard and. Your neighbor is not legally allowed to remove your boundary fence. - If fence is taller than 8 feet or doesn't meet over. Couple win £10k from neighbour after he builds huge fence. If that is the case, you may have to take the moral high ground and repair the damage yourself. As a result, the RSPB recommends that you both do not use hedge trimmers on hedges that might be housing birds between March and August. If a neighbour's tree or hedge is growing over into your garden, you cannot make them cut it back. Some areas will allow the building of fences directly on the property line, but in this case, you’ll have to cooperate with your neighbor and potentially share the cost of the fence. Her neighbor had to remove the efficiency, this part of the roof and the fence, but now, her neighbor wasn't about to let Daisy's construction crew come in her yard. If you have been arguing with your neighbour about the boundaries of your house, try to follow these simple tips to avoid making matters worse:. ” Adverse possession is a similar doctrine to an easement by . Easy to see where the property line lay due to our sprinklers being in a row. After you’ve tried to settle matters with your neighbors amicably, you can use DoNotPay’s Neighbor Complaints product before taking your neighbor to court. ​​The dividing fence between our backyards is part of the fence around their Can my neighbour remove the fence without asking me?. The neighbouring property is owned by. Neighbor won't pay for his half of new fence. In this situation, it's common for an. Is it illegal to stain my side of the neighbours’ fence. My garden and that of our neighbour is divided by a hedge. Property owners can learn more about Australia's different laws regarding fencing by contacting their local municipality. Disagreements between neighbours can be highly stressful, so it's best to try to prevent any future conflict. This is known as light trespass and it can cause a lot of agony and frustration. ? Your neighbour doesn't have to change a wall or fence just because you want them to, for example . One couple put up a fence to mark their legal boundary (as defined by their housing deed) - and when they were on holiday, their neighbours took it down. Self-help means it will be up to you to remove the roots, limbs, vines, and other plant debris and not the neighbor who planted the invasive plant species. He talk to her husband quietly and said we are putting up a fence. It may also be a ditch, embankment or vegetation, for example, a hedge. The dispute can be over issues such as the type, . PDF An Overview of Virginia Fence Law. The moment those sheep crossed into the neighbor's property, they crossed a "lawful fence". Texas does not have a specific state law that addresses boundary line The fence between my property and my neighbor's property is down. My neighbour won't repair their fence, what can I do?. I am not sure how far away from the fence they are allowed to be and would appreciate it if you could clarify the exact space that should be left. " Massachusetts fallen tree law, Mass. This is also a joint responsibility on both properties and can carry with it some serious penalties. Homeowners insurance may help cover damage to your fence. Entrepreneurs weigh in on the immigration debate. Generally to protect yourself from future litigation over this issue don't encroach or trespass. For example neighbours may have issues about noise, needing a new fence, overhanging trees, dogs and other pets, rubbish, access to properties, renovations and building work, use of common property, privacy issues and the behaviour of children. 359A, the Iowa Supreme Court has stated, "It is difficult to imagine a more deeply rooted Iowa statutory provision. My neighbour wants now to get rid of the hedge to replace it with a fence. A fence built directly on a property line may result in a joint responsibility of the fence between the neighbors, including maintenance and costs. Ensure tht your new neighbour's building is erected no closer to your boundary than the approved distance and that any excavation does not damage the existing fence. If you do this, though, your neighbor or anyone else that buys your neighbor's . The same is true in reverse: If a tree on your property falls in your. "I replaced it with a 6ft fence last year but have had suspicions they still enter my garden as things would be moved, or I'd hear a ball being kicked over but when I'd go outside to look there wasn't one there. He refuses to let us come over our fence (which is 1 foot from his property line to cut down the grapevine. If branches or limbs of a tree or plant are encroaching on the neighbor's fence or property, the neighbor suffering from the encroachment can trim the overhang, but is obligated to do so in a manner which avoids damage to the tree. You can however, build a fence on your . Q: If I pay to erect a wooden privacy fence entirely on my property to enclose my backyard, can the neighbors who border the four sides of my fence paint. The second is where one neighbour owns the land outside another neighbour's house. Instead, opt for a wooden privacy fence with the boards butted up next to one another. A dividing fence is a fence built to separate two pieces of adjoining land. As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the . Just because it appears to be on the property line doesn't mean it actually is or that it belongs equally to both neighbors. That is unless the fenceless owner someday decides to build his own fence. The differing information is that when they put down their own cord, there is a difference of about 7" in what my survey shows should be in between the front point of my home and where their boundary line is. If the fence is directly on your property line and you have both been maintaining the fence . If a fence is removed (even if only temporarily) by a neighbour without the consent of the adjoining owner, or without following the procedure . Ask SAM: Can neighbors attach to my fence?. 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. My neighbour has planted bushes at the back of my fence leaving me without access for maintenance and repair. That way, your neighbour can park alongside their home with no problems, aside from walking access. Answer: The installation of a fence on a property line requires the agreement of both property owners. If you intend to remove or alter an existing fence . You will need to engage a chartered geomatics surveyor to interpret the maps and mark out the boundary on site. There are many choices of plant material, depending on the level of privacy you desire and the look you want year-round, from evergreens like cedar, yew and boxwood to perennial grasses and flowering shrubs – the possibilities are endless. It is far easier and less expensive to ask your neighbor to move a flag or the projected path of a fence than it is to move the fence once it is. Video Playback Not Supported To remove wooden posts from the ground: Very useful, made removing posts a breeze. In this case, Augusta County, being Fence-In recognizes a property boundary line as a legal fence. Hi Tracy, if your fence is a boundary fence and actually runs on the boundary line then technically the opposite side to your fence is their side to use, but if you originally paid for your fence to be erected, it's still your fence and your neighbors should have asked to do what they did as you can by right, if you did pay for the original fence, is take the fence back down and theirs with it. He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. But our client’s deeds indicated that the hedge was the boundary between the properties. They removed it last year after they piled building materials against it and it fell down. You can bring the matter up to your local municipality as fence laws are local ordinances. In New York, a spite fence is one that exceeds 10 feet high and was built to block your enjoyment of light or air. Building a fence on your neighbor's property. The neighbors don't actually use those three feet, but now we can no longer access them. Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice. Even if your neighbour has not paid for the fence they are still a joint owner. If you are already in the situation of having nasty neighbors, here are nine fail-safe strategies: 1. It is still there, and it is making my. On one hand, you don't want to meddle in their lives. If both front garden areas were paved, this would be ideal, as. 7) My neighbor wants to permanently remove an old fence that divides our properties. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the property line). the exact boundary between two properties. There is a short street-facing 6′-high fence between my neighbour’s bungalow and mine. My neighbor wants to install a fence between our properties. This will only be necessary if the trees are blocking the road or causing obstruction. It may or may not be located on the common boundary between the pieces of land as this depends on what is agreed between neighbours. The fence between your neighbour’s and your property is owned by both of you. Some covenants will spell out how repairs and new fences should be handled between neighbors—even if you build the fence entirely on your own property—while others will not. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. They park so close to my house I can't. In the middle of this twelve-foot wide fence is my solid upright fence post which also supports the end of the 6′ high boundary fence that extends back to separate our dwellings and their rear gardens. It doesn't matter if the tree or limb came from your property, your neighbor's property or even municipal property. A fence built on your property a few inches away from the boundary does not encroach your neighbor's property. - If between 4 and 6 feet, a zoning permit is required. People often put up fences on their side of the divide so they will have control. The boundary hedge had been there for. If the wall or fence seems dangerous, point this out because your neighbour might not be aware. They can only help if you try and solve the problem yourself first. Sometimes, a fence may just be old. Unless ownership and siting of boundary fences and walls is specifically stated in the deeds of each property, both parties share equally in. A hedge was planted on my neighbour property before both my neighbour and myself bought our properties. SOS! How To Deal With a Neighbor Diverting Water Onto My Property. Fence disputes between landowners are to be resolved by town "fence viewers. What to Do if a Neighbour Won't Fix a Fence. My neighbour has taken part of my garden. A neighbour from hell has been told to fork out £10,000 to a couple - after erecting a huge £10k fence. What can I do about my neighbour's overhanging branches or tree roots that are coming on to my property? Repairing damage caused by a neighbour's tree can be costly. The fact that a particular structure like a fence or a garage wall may be encroaching on your neighbour's land does not in all cases require you . Physical barriers between the two properties can slow the spread of weeds. Property clinic: Overhanging foliage can cause unneighbourly friction If I remove overhanging branches from my neighbour's trees that are in line with my boundary wall, and I offer to return. Our adjoining neighbour is planning to build a one storey extension to the rear of his house extending out into his garden by 5m. My neighbor constructed a fence on the property line dividing the land. "The best and the right approach is the neighborly one, bringing the matter to the neighbor's attention and documenting these efforts. Depending on the circumstances, your solicitor may advise you to hold fire while further investigations are carried out. Your legal rights concerning a fence between your neighbour's and your land which. The Director, or his appointee can inspect the property and require the owner to pay for a property inspection fee of up to $250. State law allowing municipalities to charge abutting landowners the cost for street improvements and assessments. Consequences of tearing down the neighbor’s fence on your own include: Not getting compensation for the removal Causing permanent damage to your property Risking potential violent behavior from your neighbor. I'd like to build a smart iron fence, but my neighbour says it will be too . What to do when neighbor's fence crosses your property. New laws spelling out who is responsible and what is acceptable in neighbourhood dividing fence issues will go a long way to opening the gate for amicable solutions. The neighbors funnel rain into our yard. If your neighbour causes damage to your fence, it's their responsibility to fix it. A drainage easement is a part of your property where the City has limited rights of access and/or use. First, neighbors with such a fence are equally responsible for the cost of repairing or replacing it. Every summer it blots out light across a large part of our garden. Your neighbor may install a fence on their own property clear of the property line. A spiral of charges can be set in train over ownership of a fence, overhanging branches, dense hedges, party walls, shared drainage or driveways. He said fine but I am not paying for it. "Once it hits your property line, you can lop it off," Blackwell says. You can also call the city, which can order the person to obey the law. Earlier this year, when she finally paid for a survey of the property line- she received a letter from the neighbor's attorney. But my wife and I just realized that their fence was built three feet onto our property. I took my neighbor to court and had him fined for having 4 fixed video cameras on his roof aimed solely at my backyard, and my back porch, over the top of my 8 foot privacy fence. Or, if the fence didn’t need to be replaced in the first place, you could sue the. In that case, he has to pay the other owner for one-half of the already existing fence. In "Mending Wall," New England poet Robert Frost said his neighbor would say, "Good fences make good neighbors" as the two mended the stone wall between their properties every spring. If you're fortunate enough to find that the hedges reside solely on your property, you are within your rights to cut, trim or remove the hedges as you see fit. My garden's just beginning to bloom - and so is my neighbour's tree. If you live outside Houston, you may want to. You are the only owner and you must pay for it. You can't make changes to your side without their permission, such as painting it. Q: We have had a fence for a number of years between our property and the next-door neighbor's property, but my new neighbor says it encroaches onto his property (this is someone who bought. If your neighbour causes damage to your fence, it’s their responsibility to fix it. There were several trees on his side that stopped the fence running in a straight line, and so he asked if he could bring the fence around them onto my side of the border. Under the Trees (Disputes Between Neighbours) Act 2006 (NSW), you can apply to the Land and Environment Court for an order to "remedy, restrain or prevent damage to property on the land, or prevent injury to any person" relating to a tree in a neighbouring residential area. Spotting problems early can help prevent disputes later. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. The first thing you need to do to determine whether a fence is your responsibility or your neighbour's is check where your boundary is. Replacing a fence can be a costly endeavour. If mediation is not successful, the person who wants the fence can serve a Fencing Notice on their neighbour. Your Guide to Fencing Materials. Boundaries can be defined in different ways as well and this can cause further confusion. Third, if your neighbor doesn't do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. Trees can become an issue between neighbors if limbs or roots extend beyond the owner's property. Spite fences are built for any number of reasons. If a property owner benefits from the fence, he has to contribute. 1 My neighbours have put a trellis up on my fence, what can I do? which runs along the line of junction between adjoining properties. Furthermore, many property owners arean't always aware of the right-of-ways and the significance. Just because it appears to be on the property line doesn’t mean it actually is or that it belongs equally to both neighbors. The fence between my property and the neighbours blew down near the start of last year. If property lines are not marked already, hire a surveyor to make sure you're not building a fence on your neighbor's property. Our section on 'physical and legal boundaries' further down this page explains more. Furthermore, many property owners arean’t always aware of the right-of-ways and the significance. A fence or common boundary dispute is a disagreement about a fence between adjoining land. If you are uncertain of the boundary location, engage a licensed surveyor to confirm the location of your property by commissioning a new survey or a boundary stakeout immediately. If the roots cross your property line, the tree owner has to remove it. So we had a survey and fence went in on our property 6 inches in. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. Living too close to someone can cause many disputes. Unless the property owners agree otherwise, fences on a boundary line belong to both owners when both are using the fence. As long as both property owners use the fence - that is, both parties own the land that touches the fence or have a fence on their own property . Can I ask our neighbours to remove a fence built on our land? You should look in particular to see whether your neighbour has a right to build on their land even if it interferes with your right. Now that we both know where the property line is between the two houses, she wants to install the fence right on the property line. In such situations, the first step is always to discuss the problem with your neighbour. Yes, you can remove the neighbor's fence that’s on your property, but it’s not the best idea. She just wants to have all three sides of her fence match visually. Our commercial property lawyers understand the . I had a surveyor survey the property lines last year. You should avoid planting trees or much landscaping as well. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. After being hotly debated around the country, President Bush's plan for broad immigration reform is likel. If you are ready to talk about your fencing options, our team at . The property is in a conservation area adjacent to Pittville Park, and a matter of yards from the glorious Georgian pump room. However, if your neighbour has a massive leylandii hedge that blocks your light and drains your garden soil of moisture rendering your garden unfit for growing plants, you may well be able to take. I have had clients who ended. treated the fence as the property line, but a recent survey shows that the fence is not exactly on the property line. Perhaps it is not your neighbor's property that is crossing the line, it is their animals. New York Laws on Property Disputes Between Neighbors | Nolo If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. We cannot step in to resolve disputes over trees. Generally, if a fence is on a property line, it is jointly owned by the neighboring landowners. If branches or limbs of a tree or plant are encroaching on the neighbor’s fence or property, the neighbor suffering from the encroachment can trim the overhang, but is obligated to do so in a manner which avoids damage to the tree. " You can also sue your neighbor for private nuisance if they build a "spite fence" on their property. My wife and I live in our own semi-detached house. I was using 2 feet of the property for 18 years, and now the neighbor says it is his. If your neighbors don't remove the tree, they can be fined up to $500, and the city can enter their property and remove the tree at their expense. The non-owner cannot enter the property of the tree’s owner to perform the trimming without the consent of the. Hi Michael our neighbours property is a big drop of around 2 metres below our property. In particular cases, a fence can be legally required. If the hedges are situated on the property line between you and your neighbor, it would be wise to invite him over for coffee and discuss the situation before taking action. Should this be unsuccessful, the legislation aims to facilitate dispute resolution. How do I get my neighbour to contribute to building a new or maintaining an . There are rules on where a fence can be placed. Browse online or pop in and discuss your . done a survey yet but their is a marker on the parkway sidewalk between our two properties. A Guide To Fencing & Your Boundary Rights. If you think that your neighbor is trespassing your property with a fence they have constructed, you could seek legal recourse. In that case, if a neighbor builds a fence, the fenceless owner doesn’t have the pay for it. Your neighbor can object to any part of your own fence, even if the encroachment is. Answer (1 of 173): Ignore your neighbor’s insistence. If you intend to remove or alter an existing fence, you should have your neighbour's permission or, failing that, a court order. You must give notice to your neighbour if you are going to do work on a shared. State laws on fences and range restrictions. My neighbour has just erected a fence on my land this morning while we were out. "They're claiming 308 square feet of our property!" Atkinson said. Your fence will create a solid, beautiful barrier between two properties. You can get an idea of where the. If they refuse to do so, you can try mediation. Unless the existing fence is causing a safety hazard on your side, there's very little you can do to force your neighbour to repair or replace it if they don't . There is more about this law on our other blog post found here. While a chain link fence won't help against windblown seeds, a stockade privacy fence will. Our fence panels come in a variety of sizes and designs so you can create the perfect boundary for your property. "They also used to frequently climb over the 4ft fence between our properties into my back garden. If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your . To keep tree issues from developing, have an arborist fell or trim potential hazards above and below ground. You are right to be concerned about the property line. This places liability for the damage incurred by the flower garden squarely on the Augusta County shepherd since it is his duty to control his animals. The builder will be trespassing on your property and likely causing criminal damage to your fence. Fact sheet - Neighbourhood issues. This means that it is a party boundary and that you have joint ownership. You have a few options to get your neighbor to replace. Iowa fence law has long sought to protect agricultural interests. can my neighbour remove fence between our properties. My next-door neighbour’s fence blew down into my garden during a storm a few months ago. Use DoNotPay To Deal With Neighbor Fence Disputes and Encroachment. However, you do have the right to remove overgrowing branches yourself, but only back to the. Answer (1 of 6): That depends on whose fence it is. If a water runoff from your neighbor's property ends up in your yard, it can be super frustrating. This may change, however, if one landowner paid . Can I make my neighbor pay for the fence repairs and landscaping? The fence between my property and my neighbor's property is down. If the fence was built prior to the law, the fence is still legal. The city could even come out to remove the tree, if there are ordinances that prohibit property owners from keeping dangerous conditions on their property, according to FindLaw. There is no strict formula used by the courts to determine the sharing of costs between neighbours. In that case, if a neighbor builds a fence, the fenceless owner doesn't have the pay for it. A dividing fence is usually located on the common boundary between the two properties. Your legal rights concerning a fence between your neighbour’s and your land which. Thick hedges (think yews, arborvitae or privet) can act as a barrier to windblown seeds such as dandelion. The Line Fence Law clarifies that these types of fences are not subject to the law: 1. Once you’ve reached an agreement, both of you can sign a deed that details the perimeters of the. Our helpful guide to who owns the fence between your properties can prevent turf wars in your . No HOA, the fence was a few inches off the property line, and the extended deck was about 8' off . The most important reason to do this is to ensure that your assumed property line matches the official property line. In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a . You can use the wall of a building on a common boundary as long. The fence below our two properties is barely a 3/4 meter high due to the drop in our heights of properties. Texas Transportation Code, Chapter 313. Can My Neighbour Remove the Fence Between Our Properties? No, owners should not remove a Fence without first discussing the matter with their neighbour as it could come across as an act of trespassing. Therefore, a landowner must first obtain the neighbour's consent to remove or alter the fence. But then my three fence panels won't match! On top of that, she sent a letter demanding that I pay one-third of the cost of her. What to Do About Your Neighbor's Pets. Dividing fences are a common cause of disputes between neighbours. We've always had a great relationship. Since questions about trees and fences are often at the heart of these conflicts, we have an entire article on the issue: Trees and Fences. Do I have to pay for the fence? The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. A lawyer can listen to your story and help identify. You may choose to sue the neighbor in small claims court for the loss of enjoyment of your property, but this will not result in the removal of . Try to negotiate a solution that satisfies you both. Annoyances between neighbours can also relate to views and rights of way, in addition to trees and fences. Many fences are not built on a property line, but are instead just on one property or the other. If the new fence won't look bad, it may be in your best interest to allow it to be built or cooperate as necessary just to keep peace between neighbors. Understand the types of fence materials and their uses. com "A breakdown of Massachusetts laws on neighbor disputes involving trees, fences, and the right to farm. Can a Neighbor Remove a Fence Between Our Properties? Your neighbor is not legally allowed to remove a fence that is between your properties if they don’t own the fence. Our client came home to find that the neighbour had removed the dividing fence, was using our client's gated driveway as access to the rear of their property and their child was playing in our. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries. Our neighbours agree that the fence between our property is their responsibility. However, this had only been put up a few years earlier to keep pets and young children secure. Disputes between neighbours can quickly escalate and it can be difficult to love thy neighbour if their shrubbery is blocking what little sunlight we get here in the UK. Line fences mark the boundary between abutting properties. A: If both landowners paid to install a fence directly on a property line in the past, then yes, they need your permission to remove or replace the fence. There's so many people live there but they started parking their cars in the side of the house between our property line. It can be erected elsewhere [Fences Act 1975 (SA) s 17], but this might lead to problems, particularly if the neighbour does not agree. If you simply remove the dividing fence without agreement from your neighbour, you may be liable for trespass or for any damage to your neighbour's property (for example damage to the fence itself or anything attached to the fence, or damage caused by any gaps in the fence).