I am keen to resolve this issue amicably and as quickly as possible. You must have JavaScript enabled in your browser to utilize the functionality of this website. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. 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. Neighbors must take you to court to dispute the fence placement. So, record your domain at the local courthouse. Your neighbour might agree to remove the fence. Any higher would have to have planning permission. Just my two cents here, but do you know who owns the fence? 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. Texas does not have a specific state law that addresses boundary line fences. I suspect were going to have to engage a surveyor to make that determination. Due to the added importance placed on these areas of real property, the legal aspects of fences in the state of Florida have taken on significant importance. 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. UK VAT Registered: 850 4121 63, Can my neighbour legally move her fence on to my boundary, Repositioning Concrete Fence Posts due to Neighbour's Extension, Can my neighbour force me to move my fence which is about four inches over his side. Laws about boundary fences can change based on where you live. You will only earn a small fine and a bad neighbor reputation. Resolving conflicts involving trees on properties. Moreover, when someone builds a fence on another persons land without any authority to do so, the landowner can remove or destroy such fence. When I built my fence, I had it surveyed and placed it 3" from the property line. A tactful reminder from a third partymay prompt themto finally get around to a job they've been putting off for too long. And give the neighbors some logical reasons for the alteration. Boundary disputes involve your neighbor using your property without your consent. And some state laws may differ between counties. If your neighbor initially built the fence, then they are legally allowed to remove the fence. But, you would still have to put up the fence yourself. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. However, illegal fencing doesnt give people the right to remove it without notice. Your neighbor is not legally allowed to remove your boundary fence. Would you be annoyed if your neighbour removed a boundary garden hedge Common Laws Around Trees and Garden Boundaries Or, you could do a land swap. Ask them to split the cost of a survey to see whose property it sits on. Old boundary fence becomes legal? - BBC Gardeners' World Magazine 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. You can suggest to your neighbor that they sell the piece of land in question to you. A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. 596, 598 (Tex. The construction of a fence into a street or highway is considered a nuisance. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). I've attached a copy of my survey/plat map to illustrate this. The fence is your beighbour's as he purchased and erected it. You can determine whose fence is whose by looking at the property line. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. This is assuming the boundary fence lies directly on the property line. So, look up public records to find out. There you have it - the common laws around trees and garden boundaries. My neighbour has moved the boundary fence on to my land. 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. Can My Neighbour Attach Something To My Fence? Boundary Rules - Wezaggle . Line Fences Act | ontario.ca Let us explain. [vi] Milner Hotels, Inc. v. Brent, 207 Miss. Establishing Rights Over Fences & Boundaries They have plants growing up on it on their side which has caused it to lean our way but I dont feel like thats necessarily our issue. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. Yes. Heres how to do it: Make sure they agree with the proposed boundary change. Neighbour's Fence On My Land - Property Disputes 4 /9. Is It Illegal to Walk Through a Gated Community? However, for negligent action on the part of the public authority, s/he can sue for damages. Fences pass by a sale of the land as the soil[iii]. 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. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. The fence law is a local law instated by municipalities that states if a fence is on a property line, then both owners are responsible for the fence, including maintenance, unless otherwise stated in a written agreement. link to What Kind Of Paint For Garage Walls. Can My Neighbor Remove A Boundary Fence? - Upgraded Home The neighbours said it was dangerous, and their two and four year olds could potentially scale 1.4m tin fence. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. In a prosecution for removing, destroying, or injuring a fence, the burden rests upon the state to prove the offense. If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. If neither neighbor put up the fence, then the ownership is shared. link to How To Organize A Bathroom Closet. Editor, Marcus Herbert. You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. 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. 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. Fences. Property boundaries. Can A Neighbor Attach Something To My Fence? - Upgraded Home A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. Hi I have 4 neighbours bordering the length of my back garden on one side. Or they can argue that your structure encroaches on their land. . In order for your neighbor to remove your boundary fence, they would have had to receive your permission first before they took down the fence, especially if you both signed a written agreement to share the responsibility of the 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. Thats because you could get in trouble for vandalism or trespassing if youre not careful. 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. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. In California, two inches from the property line is enough when building the fence. On So, if you happen to be encroaching on their land, you could ask them if they are willing to sell that piece of land so it then becomes your own. The neighbours can agree on their contribution, or have this decided by an arbitrator. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. Your Get free, zero-commitment quotes from pro contractors near you. So, they cant remove boundary fencing even if they dont like its location. Old boundary fence becomes legal? Today at 9:15AM. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. 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 ? They have plants growing over the fence on their side. Usually, cities determine height limitations by the landscape and the traffic. Its not difficult. Thank you. Please let us know how you heard about us, Administrative Law, Public Sector and Procurements, Private Client Services: Inheritance, Wills and Trusts, Trust, Inheritance and Succession Disputes, Property line disputes: letter templates to resolve issues. If you want to post a question it is best to do so with an established account, or it will not show up. - You cannot force your neighbor to put up a fence. I am keen to settlethis issue - as I am sure you are too. Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this.