Letter templates for resolving property line disputes. The same holds true for fence maintenance and repairs. However, those rules might differ for rental estates, public areas, or government buildings. Your neighbor is not legally allowed to remove your boundary fence. Dear [name/if unknown, address as "dear neighbour"], Re: Dispute over [insert brief description here]. If neither neighbor put up the fence, then the ownership is shared. Then, youll receive notice in the mail confirming the change. And give the neighbors some logical reasons for the alteration. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. (Check for This First), Do I Need a Permit for a Pergola? . The advantage of having a lawyer as a mediator is that the legal position can be accurately explained to both parties. If they disagree, you can hire a lawyer to help convince them. Fences pass by a sale of the land as the soil [iii]. This will help the land surveyor determine exactly what part of the property belongs to you and not your neighbor. Anything can be agreed in a mediation. Giambrone & Partners LLP is authorised and regulated by the Bar Standards Board in England and Wales. We dont have a weed issue. Such person is considered a tortfeasor. This case shows the importance of checking your legal position before you remove any boundary . 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. The boundary fence around your property belongs to the person who built it. My neighbour has just built an extension. Generally, neighbours contribute equally. Press J to jump to the feed. And you have to check local records to determine the owner in those cases. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. 1.2K Posts. The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. we have now removed the fence which is damaged, but the new neighbours say that because the fence has been there for some time, that the boundary has now changed . Your property is on a corner and has more than one frontage. . Privacy notice Editor, Marcus Herbert. But you cant establish the owner unless you can define the property lines. 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. In general, you should always build boundary fences with the panels facing outward along the border. Most of the time, this is not a cause for concern, but sometimes it can be dangerous, and you will need to discuss this with your neighbour. The lawyers in Giambrone's real estate team can advise you on the merits of your claim and suggest the best way forward. The neighbor who erected and obtained the permit for the fence owns it. . In this case, both neighbors have the right to the fence. Or, you could do a land swap. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. Perhaps we could meet to discuss these options [next week/add relevant date]. If the structure is on your side of the line, it belongs to you. 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. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. You can suggest to your neighbor that they sell the piece of land in question to you. feedback, 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 ? 1991). Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. 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. The proof involves documentation of your property lines. 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. It MIGHT say something about who has to maintain it. What do I do if my letter doesnt solve the dispute? Other places may view the fence as the joint property of both neighbors. you disabled cookies on this website - some functions will not operate as intended. That neighbor may have the right to modify the fence or remove it entirely. Make it clear in writing, you want this fence to stay. Additionally, if you don't have a . The neighbors dont have the right to tamper with your private property. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. If the wall is on the right, then you must ask your neighbour. Heres everything you need to know. In Washington state, the law addresses in detail the rights and responsibilities . Bono Construction. [ii] Trust v. Allamakee County Bd. 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 can't make changes to your side without their permission, such as painting it. You are physically removing something that you do not own, which is breaking the law in most areas. The neighbours can agree on their contribution, or have this decided by an arbitrator. I live at [address], next door and am concerned there is a potential threat to health and safety. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . Your neighbour has 30 days to respond from the day they receive the Fencing Notice. And you cant always knock down or move existing structures even if you own them. If they fail to notify you of the intent to remove the fence there is zero repercussions and you do know now many find out when the fence is gone. However, now that I have written to you regarding the matter, I would appreciate your swift action on this. Are you able to meet up on [provide two possible days/times] to try and find a way forward? Or your neighbour might offer you some cash to leave it where it is. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. Bathroom closets are often catch-alls for anything and everything remotely related to self-care. Your neighbor is not legally allowed to remove your boundary fence. Dont forget to check for any easements that may run through your property across the fence line. But what happens when fencing becomes the source of a dispute? That means barriers that block entrances or hide street signs are illegal. This notice has to be served at least 21 days before submitting a planning application. What To Do With Old Fence Posts (Heres What You Can Do). The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. By continuing to use the site, you agree to our use of these cookies. Creating more bad blood between you and your neighbor by suing them for removing a fence may not be worth the effort. First of all, establish who is responsible for the fence on theboundary in question. The neighbors don't have the right to tamper with your private property. The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. There would now be two fences along the boundary. However, if your neighbor put up a fence that is landing on your side of the property line, then you do have a small right to the fence. On Then, give them time to make repairs. of Supervisors, 599 N.W.2d 460 (Iowa 1999). Yard Blogger is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. 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. (Heres Whats Required). Which I trust you understand, is a considerable difference. 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. If you live in a neighborhood with an HOA look into their rules regarding fences as well. So, they can't remove boundary fencing even if they don't like its location. This is assuming the boundary fence lies directly on the property line. Maybe call the building department and ask them to look for a permit for a fence? You cannot force your neighbor to put up a fence. According to my records, the [fence/hedge/other encroachment] is actually on my property. I would be grateful if you would look into this as a matter of urgency. 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. Before you erect any fence, you should confirm your exact property boundary lines. Not if its a partition fence. The owner of the fence is always responsible for fixing it. Heres how to do it: Make sure they agree with the proposed boundary change. I am keen to resolve this issue amicably and as quickly as possible. A building on the boundary is not considered a fence. And the deal is good until someone changes it. A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. If you want to create a boundary between you and your neighbor, then you will have to erect the fence yourself. Our website uses cookies. An owner of adjoining land can remove a partition fence upon formal notice to adjacent landowners. Stay civil. On to prevent the unauthorized destruction of, or damage to, boundary line fences; and. When in doubt, do good to thy neighbor even if they do not do good to you. Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Repairing a Boundary Fence; If a boundary fence needs to be repaired or . In this case, you should think of putting up a fence on your side of the property line which you will have complete control over. Why send a letter to settle a property line dispute? Well only use this information to handle your enquiry and we wont share it with any third parties. DID YOU KNOW: Some communities restrict the type of fencing you can use. Thanks for your answers. Answer. 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. That, my friends, is the question. Also, the . Do I Need Planning Permission For a Fence? If you are planning to remove a large . A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. For more information or to arrange an appointment please fill in the form below. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. 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. The location of a fence determines the jurisdiction of the court to determine the dispute. 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. If you are encroaching on your neighbors property in a certain area, you can suggest that they can have a piece of your land in another area. 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.

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