neighbour has removed boundary fence

Hi I have 4 neighbours bordering the length of my back garden on one side. When branches from a neighbor's tree extend over the boundary line, the property owner has a right to trim the branches backbut only to the boundary line and no farther. There should be one there if you or a previous owner hired someone who went through the proper channels to erect it. Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. And some state laws may differ between counties. 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 ? Expert: Catherine replied 2 years ago. Her hobbies include architecture, art, mental health, and fashion. While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. If the fence is on your side of the property line, the neighbor also doesn't have the right to remove it. First and foremost, you need to know if your neighbor is allowed to remove your boundary fence. Your neighbor is not legally allowed to remove your boundary fence. We dont have a weed issue. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. Lets examine what a boundary dispute is and how it can impact your life. Then, keep detailed records of every decision you make. 596, 598 (Tex. This is assuming the boundary fence lies directly on the property line. 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. Or, you could do a land swap. Spite Fences: . This evidence should hold up in court above everything else. Not if its a partition fence. 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 ? The value is determined by replacement costs minus depreciation for age and use. So, look up public records to find out. Get a surveyor to check and see if the fence is on the easement of the property. However, knowing exactly where your property lines are can be difficult. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. I just want to know if I can legally remove the screws his has put in to my property. I understand that you may have been unaware of this issue before I broughtit to your attention. Establish the property lines instead. But if it rests in your neighbors yard, its their responsibility. Yourletter about yourdispute can be written in formal or informal terms. Essentially, if you put up the fence and obtained the proper permit to put up the fence then you own the fence. Ask them to split the cost of a survey to see whose property it sits on. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. Terms and conditions We use a range of cookies to improve your experience of our site. Usually in the rear corner of the yard. However, they need to be able to prove this and then ask for your permission before they move the fence. If the fence is sitting directly on the property line there might be a grandfather clause that allows it to go back directly on the property line. 83% positive On They may not be aware that the fence was actually a boundary fence meaning that you both have ownership of it. That will only escalate the situation. Sitemap Laws about boundary fences can change based on where you live. So, record your domain at the local courthouse. I am writing regarding the ongoing dispute over [description of your dispute in a little more detail]. Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. If your garage wall is ON the boundary, he has done nothing wrong (IMO) as its a party wall and attaching a fence is not structural. But, in some cases, your neighbor will not be so friendly. Choosing the Best Type of Fence for Your Garden. 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. There are two main areas when it comes to boundary line disputes. You can do several things if a neighbor refuses to fix their broken fence. The easiest way to tell if a fence is yours or your neighbors is to examine where it falls on the property line. You also cant cause a nuisance with your fence or put the neighbors in danger. Money could be an issue, or perhaps your neighbour doesnt have the skills to repair the fence or install a new one. Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. Our style guide will help you choose the best type of fence for your needs (privacy, pet-friendly, ornamental etc. My neighbour has planning permission for an extension. We just cant afford it to be honest. The hedge has been there since the 1930s. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. - The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Make it clear to them, though, that youre not assuming future responsibility for this boundary fence. Sharing a boundary line with a neighbor can unfortunately lead to conflict. You might also enjoy our post on How to Stop Your Neighbors Dog From Digging Under Your Fence. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Boundary fences are supposed to help separate properties and eliminate disputes. [ii] Trust v. Allamakee County Bd. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. Why send a letter to settle a property line dispute? Please be advised that if we cannot resolve this issue swiftly and amicably, I will be forced to take the matter to court, seeking an ejectment order to force the removal of the [fence/hedge/other encroachment] from my land. 1956). Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. You have the right to call the police if your neighbor has removed your boundary fence but dont expect them to be very helpful. Trentwood Fencing Ltd 2022| Built by Kontrolit. Answered 3rd Jun 2016. There you have it - the common laws around trees and garden boundaries. Fence erected inside boundary line. The issue is whether it needs to be repaired or replaced and thats the matter being debated. Of course, if the tree is not yours, please let me know, and I will contact the council. As you are aware, we havedisagreed regarding [insert a brief description of your dispute here]. Basically our neighbour informed us they were replacing the boundary fence between our properties assuming it was theirs as it runs to the left of their property. Removing your neighbors fence is illegal if you do not obtain their permission. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Then, give them time to make repairs. And you cant always knock down or move existing structures even if you own them. I objected to his extension and stated that under no circumstances could he take down the fence. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. It was old and needed replacement, but I propped it back up with cables and some 2"x4"'s. So, be sure to check your local laws for more information. People often disagree over who pays for the building and upkeep of the fence, or the type of fence needed, particularly when one neighbour wants a fence for a specific purpose, such as to keep a dog.Your legal rights concerning a fence between your neighbour's and your land which are . Or ask the court to help you change the parameters. Boundary fences may be built by the municipality in some cases, especially in new developments. Fence disputes are not high up on the polices to-do list and they may suggest you handle the situation on your own. Worked at a fence company for 10+ years. You should take care not to cause unnecessary damage to the tree. First of all, establish who is responsible for the fence on theboundary in question. The neighbours can agree on their contribution, or have this decided by an arbitrator. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. You have to remember if the root ball is removed and backfilled with soft materials the use of metal spikes will be suspect to movement.Most fence erecting companies would still requmend using concrete.the photos would suggest that is a significant height difference with the neighbour's property. 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. 2 June 2015 at 10:22AM. 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. If youre on good terms with your neighbour, a friendly approach to point out the state of the fence and asking them what their plans are mightdo the trick. By writing to your neighbour you can clearly set out your issues and explain why you are not in agreement, this can be difficult to achieve in face-to-face meetings as discussionscan get heated. If the fence is on your side of the property line, then the fence is yours. Oftentimes, the neighbor may even ask you to pay 50 percent of the cost of the fence. 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 .

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