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You can talk to your neighbor first and let them know that their fence is actually encroaching on your property and you would like them to remove it. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. 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 ? Neighbor can't do anything about it. [Add below paragraph if other options are viable]. 1991). The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. Answered 3rd Jun 2016. What constitutes "use " varies by state. I'm concerned that the tree [has a broken branch/is overgrown/is diseased/other concern] and may cause damage to my property if left unattended. Bristol Member since 1 Jun 2016 - I am willing to sell the encroached land to you for a price agreed by an external surveyor. They have screwed it to a fence post that is totally on my land and nothing to do with the boundary. In some areas, the fence remains the property of whomever paid to install and maintain it. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. But other factors can affect the rules as well. A private individual cannot claim damages from the authorities for removal of encroached fence. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. Bono Construction. I look forward to seeing you on [date]. Typically repairs are allowed, but if the fence is removed for any reason, then it is not allowed to be placed back on the easement. 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. 596, 598 (Tex. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. [Amended by 1981 c.897 30]. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. No Dig Vinyl Fence The white picket fence of your dreams, 2. Spite Fences: . There would now be two fences along the boundary. Describe the violation. So, confront them first in person or writing. Is It Illegal to Put Flyers in Mailboxes, Cars, and Doors? I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. In a lot of states a boundary fence is the responsibility of both neighbors. The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. Boundary fences may be built by the municipality in some cases, especially in new developments. Boundary Rules And Neighbour Disputes. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. It has really helped clarify the situation. And the deal is good until someone changes it. 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. A building on the boundary is not considered a fence. Fences. But remember that fence posts should remain on your side of the property line. In one instance, you may have an issue over where the boundary line of the property actually sits. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. 83% positive Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. A boundary fence is a fence that lies directly on a property line, to provide privacy for two neighbors. That, my friends, is the question. Why send a letter to settle a property line dispute? In civil actions, the burden is upon the plaintiff, to prove the removal or damages. There are two main areas when it comes to boundary line disputes. In this case, the boundary fence belongs to both of you. . 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. However, illegal fencing doesnt give people the right to remove it without notice. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission. Boundary fences are owned by both owners when both use the fence. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Heres how to do it: Make sure they agree with the proposed boundary change. They can insist. Whatever the case, try to avoid heated arguments with the neighbors. Local laws differ regarding who owns a fence built on the property line. Discuss your plans with your neighbour before you start putting . Ask them to split the cost of a survey to see whose property it sits on. You might also enjoy our post on How to Shut Down Your Neighbors Vrbo. So, they cant remove boundary fencing even if they dont like its location. Then, give them time to make repairs. For example, . You could also call an inspector out and ask if they recommend a repair or replacement. So, be sure to maintain the area around your property line. Otherwise, you can sue them for maintaining a common nuisance or endangering the community. What do I do if my letter doesnt solve the dispute? The same holds true for fence maintenance and repairs. Causing permanent damage to your property. Some states define use as occupancy - such as using the land up to the fence . Therefore, if a neighbor wants to remove the fence, they will have to obtain written permission from the other neighbor. Or see if your landlord can give you more information. Best course of action is to challenge the grandfather clause and force the neighbors to put the fence on their property alone. If you're not splitting the cost, then let it stay until it's literally falling over. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. But if that is a fence on the property line, they'll need your consent to proceed with the removal. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. England: We have a boundary fence that is owned by our "neighbour" (the deeds say it is their responsibility). to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. If this isnt successful and you and your neighbour cannot come to an agreement, there may be no alternative than totake legal action and commence court proceedings. Generally to protect yourself from future . link to What Kind Of Paint For Garage Walls. Please refer to our full affiliate disclosure policy for full details. Good day . the last 3 words need to be clarified. Your neighbor is not legally allowed to remove your boundary fence. The neighbor who erected and obtained the permit for the fence owns it. It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. link to How To Organize A Bathroom Closet. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. Is the old fence in need of replacement? Branches from trees can often grow across property lines. Dividing Fences Act. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. 2 June 2015 at 10:22AM. ), with fence ideas that look great, too. 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. Hello my partner's neighbour has removed a small dividing hedge between the two properties, . 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 . Each county has different laws regarding property lines and boundary fences. In this case, the boundary fence belongs to both of you. 2d 79, 81 (La. You really dont have any power when it comes to demanding your neighbor to put up a fence since they own their property and have the right to do what they want with it and what they dont want to do with it. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Neighbors must take you to court to dispute the fence placement. If you want to post a question it is best to do so with an established account, or it will not show up. best to check with council planning department, Darlington Member since 7 Sep 2016 The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. A polite clarification might be all that is needed to . Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. They say good fences make great neighbors. tree trunks are growing on a boundary and are destroying the boundary fence; . Please let me know if you are able to attend. In some cases, yes, and in some cases, no. One of you OWNS the fence. Next contact your city for any ordinances pertaining to the placement of fences. Expert: Catherine replied 2 years ago. The best way to settle a boundary dispute is to talk to your neighbor first. If you're in an argument with a neighbor over a property issue, follow these steps: 1. My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property.