Can My Neighbour Remove Fence Between Our Properties

Fence erected inside boundary line. You can however, build a fence on your property right behind it if your neighbors are not on board with replacing the. Q: I live in a gated community with zero lot lines between houses. I can't sit on my patio or open my windows without hearing her nonsense talking & annoying voice. He may not enter the neighbor's property to trim or destroy the tree. You could then add a small "make-up" piece to fill the gap, or if the posts are nearly against each other, perhaps a decorative panel, trellis, or similar could be used to cover the small gap. Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side fencing and boundary accuracy - original boundary was straight whereas now it no longer is. Well, I pray so strongly to our Almighty Father and in less than one month the entire family was moving out. Frustrated with Bryan’s fence, neighbors called the county police at 9:15 a. The representative for the new restaurant sent out a newsletter to homeowners in the area. 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. The wall is standard between many of the houses in our estate so it is in keeping with the surroundings. Sounds like a difficult neighbor. Although this question seems simple, the answer isn’t because South Carolina has no law that authorizes you to cut your neighbor’s overhanging tree limbs. Or check with the National Association for Community Mediation. This means that when the fence needs repair, both property owners help to pay for the fence. Your rights – neighbour dispute over property boundary. Cost of fence installation per linear foot can also vary depending on the materials. 13 years ago I bought my property but before I actually moved in, my neighbour (now deceased) erected a fence by removing the existing concrete post and wire one and replacing it on the same "line" with a wooden one. He is trying to take advantage because he knows we need something. Yes, they can refuse. SAMPLE – PERSONAL LETTERS – NEIGHBORS – WOULD LIKE TO INSTALL FENCE BETWEEN PROPERTIES This letter broaches the subject of building a fence between your property and that of a neighbor. Make sure your landscaping doesn’t encroach onto your neighbor’s property. Without the fence, His property is within 8 inches of my house. - I could have started installing the fence by now, however I really wanted your input regarding this as your opinion also matters being my neighbor. Avoid fence disputes by practicing fence etiquette--a good neighbor policy. The team can be reached by calling 0175 321 6399. If this is the case, then no part of the fence (including the post holes and posts) may touch the property line and no notice is required to the adjoining owner. My next door neighbor put up a fence on the beach. Zoning does not regulate which side the fence faces. Fences near neighbours’ outdoor recreational space; Our information sheet on fences outlines the detailed regulations that apply and when a building permit is required. Checking your Property Boundary Lines. In her view "it's past it's best sell by date". 21 years ago, my neighbour was erecting the fence between our gardens. Then, I would start by establishing how close to the property line the neighbor's fences are, and set end posts about the same distance inside the line. If you can't locate it in writing, look for the T-mark, which if positioned on your side of the. The branches extend tens of feet over the fence and onto your property. My neighbor is apologetic and will sign an agreement I choose. This is where friendly neighbors can become enemies. Love thy neighbor, or just sue them. We already have a perfectly "functional" chainlink fence between our properties and I have no need/interest in replacing this fence. We were happy enough for them to do this and agreed verbally. Right now there is a small 4 foot high wire fence (with concrete posts) dividing my site from my neighbours, it is on the boundary of the two sites and has been there since before either of us owned our properties. Find out what to do about it. My neighbor beside me haves cattle I have no livestock can I put up a 6ft privacy fence between us I live in Noble - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. Where I live, fences are very strictly limited on the "street side" of a house, but at the back one can use any material, build to 9' tall, and place a fence ON the property line. is she allowed to do that? Property is in Patchogue NY. The tree belongs to my neighbour, but she refuses to move it or pay for the damage. I do not agree. I walked the alley behind both houses and see the orange survey post is there plain as day marking the property line. One day, we noticed one particular branch is now well within our compound and it's bearing many fruits! Should we pluck some and eat? Is permission needed from our neighbour? Well, my mother told the neighbour, a friendly uncle that any 'buah nona' on…. When the owner of the adjacent property comes, he can do what he wants with it. To get a better understanding of conveyancing read all about the conveyancing process. I offered to pay half towards it but she declined. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. FACTS: The neighbors' 4' chain link fence is on our property. Now we are building a new premises out the front of our yard & have had to cut it back to the boundary line. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. There’s so many people live there but they started parking their cars in the side of the house between our property line. If your not happy with this decision then you are more than welcome to erect your fence on your boundary! Its a simple process and you can build a fence 2-meter high fence, don't think that you cannot erect your a fence to replace your neighbour's fence because you can! Top tip: if the fence. Our neighbour has completed their build before us but we have previously mentioned that we will have fence in between. You may share the costs for some drains. Knowing the exact property lines makes it easier to complete a renovation project or move forward with buying a home. Actually, I plan to do so for the beautification of both of our properties. If the fence falls to one side of the property line, it is wholly. Before proceeding, you need to know the exact location of the property line. Now many times building a patio thats attached to anything requires permits. If you are in a dispute with a neighbour about a tree, you might want to seek legal advice, and here’s a few things you’ll need to take into account. How can my neighbour and I find out where the boundary between our properties is? The steps that you can take will depend on whether you need to know where the boundary is so you can do fencing work. 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. If the fence is on his property it would be unwise for you to buy it because the. Because of fences between neighbors, some questions can raise related to ownership and responsibility. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. Especially given that I have my feeders set up to attract goldfinches, hummingbirds, finches, and the odd song sparrow. Seepage water is the responsibility of individual property owners. Where fences sit on the boundary line between properties, they are mutually owned by each neighbour. You can't let your children leave their bicycles, doll collection, basketball hoop, and rollerblade ramp in the driveway. Encroachments of fences, property or retaining walls onto neighbouring property come under the Encroachments Act 1944 (SA). A chain-link fence won't do much to stop the spread of weeds. This chain link fence distracts from the newly built wood fence, grows weeds and grass between the two fences. But if it happens, you can seek an order from a District Court or Disputes Tribunal to allow anyone building the fence to enter your neighbour's property at reasonable times and do whatever is reasonably required to build the fence. I want to put more protection up on my side of the fence that ajoins to the gate. In addition, vinyl posts on our vinyl privacy fences are squarely in the middle, both you and your neighbor get the good side of the fence. Neighbor will take the tree down but won’t grind the stump. I put my fences up 8' off the property line (just a little over one mower pathwide)- so I can keep the perimeter mowed easily. If my neighbor builds a fence and a survey shows that the fence is on my property, can I remove it? Question Details: My neighbor wants to block me from access to a public easement that we share. If the existing fence is on the neighbor's property, you can not remove it without their approval. I replaced the old wood fence between my neighbors house and my house with a new, very expensive white PVC fence with no argument from my neighbor no contribution of money, but no argument. Basically, the neighbour can not block a ROW. In my case, the side of fence between my backyard and my next door neighbor’s backyard had blown over from a similar wind event. However, you are within your rights to lop off any branches that overhang your property, up the boundary fence - though you are obliged to offer your neighbour any cut-offs. We only have a four foot fence between me and my neighbours for this very reason, we like to chat to each other and we've known each other for 20 years. Maintenance of trees on private property can often lead to disputes between neighbours when a tree has been planted close to the property line. The reality is that a fence can have a significant impact on your neighbors since it's within their line of sight. I have weaved the plant in and out of the trellis, so it is obviously growing on both sides of the fence. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. My neighbor wants to take down my wire fence and replace it with a three strand fence. If the fence is on your property then I would explain to the neighbor about the error and ask. I'm okay with the gate there because it does keep people out. I now have an ugly dark fence just outside my side door with gravel boards. The chainlink fence is not on the property line; it is about 4 inches on our property (land was surveyed). Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork? None. Normally, a dividing fence should be erected on the boundary. In some instances, unambiguous markers from an earlier survey establish that. The branches extend tens of feet over the fence and onto your property. Land Registry documents reveal the boundaries showing the extent of the land. I've never had issues with neighbours over this in the four different houses I've lived in. Negotiate concrete and saw cut money from the seller. Well, I pray so strongly to our Almighty Father and in less than one month the entire family was moving out. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. i have refused a neighbour this for the very same reason. I wouldn't be offended if they moved and the new people wanted to put up a higher fence. However, a landowner is not empowered to remove a partition fence without the adjacent landowner's consent. 10' on the back of my property according to the survey. Attach your survey or plat map highlighting the disputed area. 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 client needs to be aware of the law regarding adverse possession if he or she decides not to file a suit. Aside from the lack of privacy, it looks awful but I don't see why I should pay. To get a better understanding of conveyancing read all about the conveyancing process. If you can't locate it in writing, look for the T-mark, which if positioned on your side of the. In Florida, a fence can be considered a nuisance if its construction was motivated by malice, rather than a legitimate purpose such as preventing trespassing or vandalism. The construction company re did the curb and drive ways to every single lot (50ft×120ft) except to ours the thing is they broke down our fence post and put the neighbors driveway on our property they also removed the rod marking the surveyer had put. And if they are hanging around your property, you might be left with bird dropping stains on your roof, fence, patio and, vehicles. Fences may make good neighbors, but knowing the law can make things easier / If a friendly talk can't resolve the issue, try mediation; litigation should be the last resort In mediation, the. Editor, Manteca Bulletin, On August 25, 2015 I got a citation in the mail along with several of my neighbors. The roots have grown under the fence and have pushed the fence over. Hi All, We were hoping to have a pool installed in our yard. The best way to tackle this is to talk with your neighbour about their plans to replace the fence. As it is a new fence I'd knock on the door out of politeness and check. 6 feet according to the second survey) and on the back side it is 4. Our fence is made out of multiple bushes, trees and a little bit of metal. I finally removed the chain link fence! As you can see from the before photo, I got the idea when I was filling in the new back hedge. The chainlink fence is not on the property line; it is about 4 inches on our property (land was surveyed). Can neighbour require me to remove fence? your neighbour might need access to your property for the extension works, land was developed for housing behind our home. Now many times building a patio thats attached to anything requires permits. My neighbors next door want to build a 7ft tall fence between our houses in Portland, OR to add privacy. He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. I have a great relationship with my neighbors. Q: I live in a gated community with zero lot lines between houses. If you have grass and mow the area directly up against the fence but your neighbor allows the weeds to grow on his/her side, then you own the fence by occupancy. Sign in to make your opinion count. You may share the costs for some drains. 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. He spends the vast majority of his outside time patrolling, and the moment my Pugs step a paw in my yard, the barking and growling begins. You must give notice to your neighbour if you are going to do work on a shared. I purchased a house in San Pedro, Ca over 6 months ago. my IP is in new estate and there are a lot of problem with people throwing rubbles, rubbish on others' property and some security incidents. If they do. Many areas consider a fence built directly on a property line to be a shared fence, which means responsibility for it is divided between you and your neighbor. The branches of the tree have grown against the back of the fence and I can't have the fence repaired without the neighbor removing or trimming the tree first. It’s also customary for fences to be built about 6-8 inches inside your property line, to avoid a neighbor’s complaint that you are encroaching and then demanding you move your fence. On the other side there's a six foot fence because that house is rented and is permanently changing. The parties agree to erect a Fence ("Fence") along the boundary line between the First Party's Property and Second Party's Property. Top 10 Common Law Drainage Problems Between Rural Neighbours. Starting the conversation. Property management has done nothing about my situation. Now many times building a patio thats attached to anything requires permits. If you are on good terms with your neighbor I would first talk to him, If not you can either just remove the gate your self (if you have the tools) or contact the correct authorities (not sure who in this case). The legal remedy for such an action may be based on the doctrine of private nuisance. ♦ A neighbour can ask for a court order that lets them or their tradespeople enter your land for a limited time so that they can carry out a specific task, such as mending a fence or painting their house if it’s close to the boundary. If a tree on one neighbor's property begins to grow or encroach onto his neighbor's property, the other neighbor does have the legal right to trim it back. She is paying for the work herself as the fence is hers. As it is a new fence I'd knock on the door out of politeness and check. Can I cut the branches and roots and bill my neighbor? A: With recent developers positioning houses very close to the property lines to maximize the number of houses. ··The cost of building or repairing a fence is borne equally between adjoining owners, unless one owner damages it, in which case the cost of repairs will fall on that owner. A simple point in most responses is that the decision is primarily with the property owner. On the top of my fence between mine and my neighbours garden I have a trellis (it is my fence and my trellis) I have grown passionflower on to the trellis which has come on nicely. If you are on good terms with your neighbor I would first talk to him, If not you can either just remove the gate your self (if you have the tools) or contact the correct authorities (not sure who in this case). You could well find yourself under scrutiny Published on Fri 8 Jun 2007 18. Quarrelling over the garden fence is something that sensible neighbours should avoid at all costs. Shallow-rooted trees can send out invasive roots or limbs, or branches can fall on a neighbor's fence or. While fence was down, my cat got out (cat never left yard previously -- she is too fat to hop the fence. My question is, can I take the. 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. 9 feet into my property. 10' on the back of my property according to the survey. Most of us don't know where our exact property boundaries are located, and many of us don't care. Over the years with the erection of fences and the planting of hedges by multiple homeowners, it is common for the boundary to shift significantly. The chainlink fence is not on the property line; it is about 4 inches on our property (land was surveyed). 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 to remove it. While the difference may only be a matter of feet, it can cost tens of thousands of pounds. The problem with this is, she doesn't have a deposit to get the ball rolling. My neighbor has a large tree that has been dead for at least 5 years. Instead, opt for a wooden privacy fence with the boards butted up next to one another. I told him that his son broke my fence throwing a ball and he didn’t fix. It will usually be on the common boundary between the two properties. If portions of the fence lie on both sides of the line, it would be an encroachment into your property. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. If the wall or fence seems dangerous, point this out because your neighbour might not be. I replaced the old wood fence between my neighbors house and my house with a new, very expensive white PVC fence with no argument from my neighbor no contribution of money, but no argument. Repair Broken or Missing Fence. The difference in the survey measurements on one side is 1. Our new neighbors on the north are installing a 6' wooden privacy fence (they have two pitbulls. My fence needs. If the fence is on his property, or even encroaching on yours, he can remove it. Well looks like my neighbour has just gone ahead and taken half my hedge down, admitedly its on his side although the hedge is now 'Wafer thin' to the point where I can see right through to his house, so no privacy any more and a silhouette of a little fence on the other side. He accidentally (or maybe purposefully) put the fence on my property. Most of the time if the fence is on the property line, you both own it and are responsible for repairs. Sign in to make your opinion count. Knowing the exact property lines makes it easier to complete a renovation project or move forward with buying a home. The construction company re did the curb and drive ways to every single lot (50ft×120ft) except to ours the thing is they broke down our fence post and put the neighbors driveway on our property they also removed the rod marking the surveyer had put. A common misperception is that a property. Starting the conversation. If not, you can build to the edge of your property line, leaving a gap between the two. If the fence is on your property then I would explain to the neighbor about the error and ask. She wasn't worried when her next door neighbour erected a fence two years ago, effectively blocking the shared path to the garden. Neighbor across from me has been coming out frequently at the exact same time as myself from my unit and when I get home and I'm parking he's right out front of our apartment building just watching as I park etc. Here are some tips to help you and your neighbours before the first fence post goes in. It depends on the benefit that each owner will obtain from the fence. It hangs over their fence into my side yard. An existing boundary wall built on Read the Rest. Neither he nor his wife are the type to discuss problems or seek solutions. Page 1 of 19 - Can neighbours refuse a solid dividing fence? - posted in Home, Garden & Renovating: We have moved into a new property about 6 months ago and right from the get go the neighbour on. He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. My neighbors who owner of watch. You can't park your car in the driveway unless and your neighbour both agree to this. We were happy enough for them to do this and agreed verbally. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied. Overhanging branches from your neighbours' garden might be annoying but you can only cut them back as far as your own fence - cutting over your neighbours' property is illegal. The only issue I can see is if the paint goes through to the other side. If a neighbor erects a fence maliciously, the court will typically force him to remove it. My neighbor beside me haves cattle I have no livestock can I put up a 6ft privacy fence between us I live in Noble - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. When Fence Fighting Turns Dangerous. Why should my new neighbor use my wall for free? He saw the property he was purchasing doesn't mean he can knock the fence down and use my brick wall. Also if I do that are they entitled to paint over what I paint or is that considered vandalism?. Overhanging branches from your neighbours' garden might be annoying but you can only cut them back as far as your own fence - cutting over your neighbours' property is illegal. 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. 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. This can occur when negotiations between neighbours fall down. 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. Unfortunately, trees often cause disagreements between neighbors. A fence between our properties was put in by the previous neighbor and had been put in before either of us bought our properties. If you don't want to talk to your neighbour or if your neighbour refuses to do anything, you have the right to cut the branch off. If you cut it you must give it back to your neighbour as it is his property ,it is nothing to do with your other interfering neighbour. Unless we have the property surveyed, the only way we may be able to go outside and physically touch the limit of what is ours is when permanent markers are described in a deed, such as a tree or stone monument. We have noticed her lack of interpersonal boundaries on several occasions since we moved in a couple of years ago, but it hasn't outweighed the positives of being neighbors – until now. You can't make changes to your side without their permission, such as painting it. Actually, I plan to do so for the beautification of both of our properties. Do I have any legal obligation to continue providing my fence to her, so that I am not liable for her dog (or if she had kids, her kids)? As (almost) always with legal questions, it depends on the jurisdiction. 49 feet (or 4. My neighbour attached loads of trellis to the other side of our fence - we were furious as the plants he grew up it were heavy and putting strain on the fence and were growing over the top and taking over. I've never had issues with neighbours over this in the four different houses I've lived in. ··The cost of building or repairing a fence is borne equally between adjoining owners, unless one owner damages it, in which case the cost of repairs will fall on that owner. They park so close to my house I can't. However, it is. If the fence falls to one side of the property line, it is wholly. After I moved in, she fenced off my HOUSE so there was only about 3 feet around it and said that was my property. Our neighbour's DELICIOUS mango tree is growing very tall and strong. Encroachments of fences, property or retaining walls onto neighbouring property come under the Encroachments Act 1944 (SA). A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we'll give it to them. My neighbour will not allow me to erect a block wall between our properties. A fence on the property line is really in joint ownership. My neighbor came round to say she was going to replace the fence between our respective properties. 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. 2225 or complete our contact form for more information about our professional tree trimming and removal services. It will usually be on the common boundary between the two properties. I reviewed our home owner’s policy and found the deductible was $1,000. Print Your responsibility as a fence owner. I wouldn't be offended if they moved and the new people wanted to put up a higher fence. I cut back everything that came over and when we were ready to change the fence we just ripped it out - trellis, planes and all. As it is a new fence I'd knock on the door out of politeness and check. My neighbors next door want to build a 7ft tall fence between our houses in Portland, OR to add privacy. Seepage water is the responsibility of individual property owners. Hi All, We were hoping to have a pool installed in our yard. If you can't locate it in writing, look for the T-mark, which if positioned on your side of the. It was under the hedge all of this time. If your neighbor builds on the line, they are solely responsible for the fence's cost and maintenance so long as you do not use it. A tree fell on my garden in the recent storms, damaging a couple of fence panels. Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. Right now there is a small 4 foot high wire fence (with concrete posts) dividing my site from my neighbours, it is on the boundary of the two sites and has been there since before either of us owned our properties. My neighbor is apologetic and will sign an agreement I choose. 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). If the fence was originally installed on your neighbor's property but fell on to your property as a result of the storm, you can remove the fence from your property just in the same way you can move trees and limbs. You can't build a fence on the property line. If possible, drainage easements can be created to. Vinyl fences provide the same level of privacy as a wooden fence and are much lower maintenance in the long run. Do I have to pay half the cost o…. When Fence Fighting Turns Dangerous. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Neighbor disputes are nothing new, but the ways people deal with them are constantly evolving. Could I remove or replace that boundary fence? If I had fences on my property that attached to that boundary fence, would I be allowed to remove those adjoining fences? There is actually a Texas statute that provides requirements for a landowner seeking to remove. This should include damage caused to drains out side of our property, damage to a neighbour's foundations and any lifting of paving. The following questions are commonly asked by rural landowners. The roots have grown under the fence and have pushed the fence over. Replacing fences between neighbors. These are two separate driveways, being two separate pieces of concrete with a 1-1. I replaced the old wood fence between my neighbors house and my house with a new, very expensive white PVC fence with no argument from my neighbor no contribution of money, but no argument. That same day, Henrico County Public Works Director Steve Yob arrived at Bryan’s house to inspect the fence and measure the yard. He may not enter the neighbor's property to trim or destroy the tree. Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork? None. A simple fence-side conversation might do the trick. But my neighbor has several very tall trees (about 10 trees, 50 feet tall) along the border and have extended beyond required set back of the building. If your neighbour is the legal owner of the fence and, for example, you want them to paint or fix the wall, they have every right to say no. The concrete footing which was laid "straddles" both sides of the boundary line as does the blockwork which has been constructed on the footing. We went to a hardware store and bought privacy paper to put on the windows. If the tree had been gradually leaning toward your property, a reasonable. Dividing fences are a common cause of disputes between neighbours. Frustrated with Bryan’s fence, neighbors called the county police at 9:15 a. If possible, drainage easements can be created to. To some, having a fence means closing their homes off from the rest of the properties on the block, and if you have a smaller lot, adding a fence could actually make your outdoor space feel more. The respective rights of each property owner depends on the specific circumstances involved in the case and local and state laws that address the subject. done a survey yet but their is a marker on the parkway sidewalk between our two properties. the neighbour's property? That's not legal - you can't encroach. Q: The fence between my house and my neighbor's rental property is about ready to fall down. If your neighbor has taken a few feet of your land when building his fence, you can take steps to take back your land. An individual is only allowed to trim a neighbor's tree up to the property line. Most people know that birds leave unsightly droppings everywhere they go. If you are planning to remove a large amount of branches or roots, which could damage the tree, it is best to tell your neighbour first and get them to arrange for the branches or roots to be. The same applies to any wall that forms part of a. 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 the fence. It's best to talk to your neighbour first, you can avoid a lot of possible headaches. Do I stop my project because of my neighbor’s complaint, or can I finally have my dreamed-of privacy?. I've never had issues with neighbours over this in the four different houses I've lived in. The thinner line with the two circles is a 50+ year old chain link that was installed before either of us owned our homes. If the fence is on your property then I would explain to the neighbor about the error and ask. Speak to your neighbours in the first instance and ask them to reposition the fence in the correct place. 6 feet (or. 21 years ago, my neighbour was erecting the fence between our gardens. Tree Trimming Laws. If the fence was originally installed on your neighbor’s property but fell on to your property as a result of the storm, you can remove the fence from your property in the same way you can move trees and limbs from your property. Lawyer's Assistant: Have you talked to a NY lawyer about this? No. I owned a house in Massachusetts; when I bought the house, there were two separate fences on the property line between my house and my next-door neighbor's house. My brother recently checked on their property and discovered that neighbors had built a gate and 60 feet of fence on my parents' side of the land. Actually, I plan to do so for the beautification of both of our properties. 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. 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 to remove it. Leaning things against your neighbour's fence, hanging things on your neighbour's fence, even using your neighbour's fence as a makeshift retaining wall, will place a much heavier burden on the fence panels and supporting. From a purely legal standpoint, the neighbor, in most circumstances, can build that fence and even can ask you to pay 50-percent of the cost of the fence. The difference in the survey measurements on one side is 1. Whether you use your land for livestock grazing , white-tailed deer management or both, it's a good idea to have a handle on Texas' fencing laws. The only issue I can see is if the paint goes through to the other side. Their paint has splashed on my side of concrete posts and concrete panels under fences and it doesnt look nice. But consulting a solicitor is probably the best bet - though it could become expensive. This builder knocked the chimney breasts without even getting a 3rd party wall agreement where the chimney breast is between our houses. The laws of some states make removal of a partition fence by an owner of adjoining land contingent upon formal notice to other landowners. One major issue that arises between neighbors in fence disputes is whether both parties are equally responsible for the costs of maintaining and repairing a fence that is located on the property line between the adjoining properties. We faced several repair-related challenges before we could stain our fence: Our Side of the Fence was the “Back” The only way to repair the slats was from the front of the fence, in either of my neighbors’ yards. Lawyer's Assistant: Have you talked to a NY lawyer about this? No. The chainlink fence is not on the property line; it is about 4 inches on our property (land was surveyed). 97KB) If you want to build a fence that does not fall within the regulations you can apply for a variation through the report and consent. The representative for the new restaurant sent out a newsletter to homeowners in the area. Suppose I purchased land in Texas and there was a barbed wire fence on the property line dividing my neighbor’s land and my own. A fence on the property line is really in joint ownership. Property Line and Fence Laws in Oregon: Major Issues. If a property owner installs a fence completely on their side of the property line, the fence is theirs. And ultimately, that can present lots. The parties will use their best efforts to ensure that construction of the Fence commences on or before _____ and is completed on or before _____. If the fence falls to one side of the property line, it is wholly. Lawyer's Assistant: Have you talked to a NY lawyer about this? No. 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. You can head off this problem if you raise the issue in your fencing notice. As it is a new fence I'd knock on the door out of politeness and check. You can only cut off the part of the branch that is hanging over your property, and you can't go on your neighbour's property to do the cutting. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. We are trying to sell the house. As long as he cuts only the parts of the tree that goes over to his own side of the fence, he can do so without having to ask for your permission. If unwilling then you can pay to have it replace, however your neighbor then can use the fence as he please, since it now lies on the property line. I'm okay with the gate there because it does keep people out. Top 10 Common Law Drainage Problems Between Rural Neighbours. 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. If the fence needs to be repaired or replaced there are rules about: who pays the type of fence to be built the notices that you need to give one another how to resolve disputes. My fence needs. The exact wording of the deeds should tell you where your property lines are. This same neighbor sits on her phone with her loud cigarette, whiskey voice all weekend - talk about annoying. The fence can keep weeds from growing onto. Along with this, it's wise to agree on some nominal annual rent – a dollar is quite acceptable – your neighbor will pay you for the right to use the property from the encroaching fence line back to the legal boundary between the properties. I wanted to let you know that I’ve been thinking of installing a fence between our properties. The truck driver runs over our fence. Sign in to report inappropriate content. My neighbour has removed the chain link fence between out property without my permission but left the posts. My next door neighbor put up a fence on the beach. I built a conservatory in 2006 flush with my house, which at the time did not need planning permission for, i still don't need it now & have a letter confirming this from our local council, now the guttering overhangs into my neighbours airspace & now i am selling the house,my buyers solicitor has an issue with this,my neighbour has. Property Line and Fence Laws in California One issue that comes up frequently between neighbors is whether or not they are equally responsible for the costs, construction, and maintenance of a fence that sits on the boundary line between their properties. Fences near neighbours’ outdoor recreational space; Our information sheet on fences outlines the detailed regulations that apply and when a building permit is required. The county tells us this tree is our neighbor's problem, not theirs. We picked this house for the big backyard and room to put one on eventually. Lawyer's Assistant: Have you talked to a NY lawyer about this? No. It is only 1. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. The chain link fence is not on the property line; it is about 4 inches on our property (land was surveyed). This does not change the position of the boundary or the legal rights to ownership of the land, even if you and your neighbour agree to the fence position. It may also be a ditch, embankment or vegetation, for example, a hedge. Starting the conversation. He would have the right to refuse to allow any part. A neighbor who comes into your yard and removes your property is a trespasser and a thief, and a lousy neighbor. Agreed! According to Basic Principles of Real Estate, Real Estate is defined as land, there are 4 basic components of land, all that is on the surface, all that is below the surface, the space of air above the surface, and what is attached by nature, therefore regarding eminent domain, up to a property owner’s 385 feet, a drone does not have permission to fly above a privately owned property. A survey would determine if the fence is on the neighbor's property, or yours. [Answer is based on the assumption the property where. A hedge was planted on my neighbour property before both my neighbour and myself bought our properties. My neighbour wants now to get rid of the hedge to replace it with a fence. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. ) We already have a 48" chain link fence around our yard. Seek legal counsel if the neighbor is uncooperative with your request to remove the trees so you can build a fence to separate the properties. And, of course, they may not always be your neighbor. 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 to remove it. doing it by the book. I want to explain you that I want to - [Describe plan here]. Evidencing when the fence was built, especially if in excess of 10 years, is a very significant determinant of whether or not. I have plants along the fence line - including a lilac and quite a few lillies and iris plants. - I could have started installing the fence by now, however I really wanted your input regarding this as your opinion also matters being my neighbor. The concrete footing which was laid "straddles" both sides of the boundary line as does the blockwork which has been constructed on the footing. They park so close to my house I can’t. This does not change the position of the boundary or the legal rights to ownership of the land, even if you and your neighbour agree to the fence position. When a neighbor's fence conflicts with your own design goals or infringes on your property lines, it may begin an ongoing struggle with your neighbors over the proper use of your adjoining outdoor spaces. Now my cousin has built a "reclaimed" fence along the side and it is on my property IF I get to own the property described in the deed. If the fence needs to be repaired or replaced there are rules about: who pays the type of fence to be built the notices that you need to give one another how to resolve disputes. My first thought is to cover it in 12" square paving blocks with landscape fabric underneath. You must give notice to your neighbour if you are going to do work on a shared. This question is regarding Land in Hicksville New York. He is a land grabber and has moved the fence line 5 ft with all the other neighbors that have allowed him to change the fence and he is currently in court with them. Property owners can save by splitting the costs of the shared walls of the fence where their property lines meet. Neighbours should share the costs for fences and shared driveways. We would be happy to answer any questions you have about fence etiquette, and we can help you select a fencing system that fits your needs. Now many times building a patio thats attached to anything requires permits. Know your rights: Boundary walls As a property owner, you are entitled to enjoy, use, consume, convert, alter, destroy or sell your property and what the land produces in any way you please within the limits of state and local authority regulations, provided you do not interfere with the legal rights of others, including your neighbours' rights to the same enjoyment of their property. A common misperception is that a property. Most land in England and wales is registered and there are computer records that can be usually checked through the Land Registry. Generally, each must pay half the cost of building or repairing the fence. I understand with adverse possession laws in Georgia I must act or the land could be forfeited eventually. This should include damage caused to drains out side of our property, damage to a neighbour's foundations and any lifting of paving. The reality is that a fence can have a significant impact on your neighbors since it's within their line of sight. If your neighbor wants a fence and you do not, they can build a fence on their land or even on the property line. Most of us don't know where our exact property boundaries are located, and many of us don't care. When the neighbours aren't using the bar, the two panels on either side of the fence can be closed up. While fence was down, my cat got out (cat never left yard previously -- she is too fat to hop the fence. Hi All, Looking for a steer in Civil Law here; situation is the boundary fence between my and my neighbours' back gardens has a gate in it, so she can access her garden via ours (I have an end-of. The tree belongs to my neighbour, but she refuses to move it or pay for the damage. If you believe that a neighbour’s tree may be unsafe you can contact your local authority who will come out and assess the danger. Our neighbour has now told us he plans to remove the boundary fence and has hinted that he does not consider it necessary to replace it. It was under the hedge all of this time. My neighbor wants to install a new fence on a never fenced boundary; My neighbor wants to permanently remove an existing fence; My neighbor wants to replace an old fence on our property boundary; The FAQ law bulletin also looks at the role of township trustees, and what the law says about fence construction and upkeep. hi, my question relates to a boundary wall which my neighbour has built between our two properties (new build). Could I remove or replace that boundary fence? If I had fences on my property that attached to that boundary fence, would I be allowed to remove those adjoining fences? There is actually a Texas statute that provides requirements for a landowner seeking to remove. This builder knocked the chimney breasts without even getting a 3rd party wall agreement where the chimney breast is between our houses. Neighbor across from me has been coming out frequently at the exact same time as myself from my unit and when I get home and I'm parking he's right out front of our apartment building just watching as I park etc. I live in Fla. This is where friendly neighbors can become enemies. I cut back everything that came over and when we were ready to change the fence we just ripped it out - trellis, planes and all. Perhaps the best way to solve a property line dispute is by mutual agreement with a neighbor. And a poorly-placed fence or the wrong style of fence can obstruct views-a major problem, particularly if views are one of the main community draws. Also talk to your cities building department about it. Neighbor will take the tree down but won’t grind the stump. Secondly you can build your own fence on your side of the old one, you will loose some property but then its up to your neighbor to. Of course, there are whoop-holes. You may share the costs for some drains. We've all heard the saying, "good fences make for good neighbors," but even good folks with pretty good fences can get sideways when it comes to disputes over unforeseen situations, property. You must give notice to your neighbour if you are going to do work on a shared. Here in the City of Trees, our urban forest occasionally gives rise to conflicts between neighbors and between citizens and the city. My neighbor has built a gate on my property. But my neighbor has several very tall trees (about 10 trees, 50 feet tall) along the border and have extended beyond required set back of the building. Sign in to report inappropriate content. Before cutting the hedges that sit between you and your neighbor, it's crucial that you determine whether they are actually contained on your side of the property line and not. The answer: Fence ownership is determined by where your fence lays on the property line. Can neighbour require me to remove fence? Showing 1-28 of 28 messages. And don't assume that an existing fence is in the right place if you go to replace it. Could I remove or replace that boundary fence? If I had fences on my property that attached to that boundary fence, would I be allowed to remove those adjoining fences? There is actually a Texas statute that provides requirements for a landowner seeking to remove. They can only help if you try and solve the problem yourself first. Anyone can see that she now has both the use of my wood fence to enclose her yard and the use of an extra 8 inches to a foot of my property. In the United States typically a fence is on a property line, thats why usually if a fence is replaced do to age or whatever both homeowners pay their share. I don't want to start a war - my neighbor has complained about my dogs barking while I am at work - they both wear bark collars. - he left a note on my car overnight stating - "it is my right to trim tree branches that overhang into my yard, therefore I am having them cut tomorrow. FACTS: The neighbors' 4' chain link fence is on our property. My neighbor came round to say she was going to replace the fence between our respective properties. Myers, Esq. We went to a hardware store and bought privacy paper to put on the windows. That is, unfortunately, exactly the size of the gap between the property line and your neighbor's fence. My neighbour wants now to get rid of the hedge to replace it with a fence. He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. The concrete footing which was laid "straddles" both sides of the boundary line as does the blockwork which has been constructed on the footing. My neighbour requires no access to my driveway whatsoever in order to access her garage or garden. My neighbors next door want to build a 7ft tall fence between our houses in Portland, OR to add privacy. Top 10 Common Law Drainage Problems Between Rural Neighbours. Paul’s neighbours decided to build a new fence between their property and his, and he let them know he was happy for this to happen. Mine was for my front and side yard fences being 7 ½ foot tall and out of zoning code. Whether the water is coming from a single location or along the length of the neighboring property installing an…. While the difference may only be a matter of feet, it can cost tens of thousands of pounds. Massachusetts laws on property disputes between neighbors , Nolo. We already have a perfectly "functional" chain link fence between our properties and I have no need/interest in replacing this fence. If someone encloses his property by using a neighbor's fence, the statutes provide that the neighbor can demand a just proportion of the current value of the fence. Checking your Property Boundary Lines. It may also be a ditch, embankment or vegetation, for example, a hedge. In the enclosed picture the section that is closed is on my side. Florida case law also makes it illegal to build a "spite fence" – a fence built for no other purpose than to interfere with a neighbor's property rights. property law. I own a lot in a city subdivision a few months ago road construction began. Everybody's guide to small claims court [electronic resource] by Warner, Ralph E. Land Registry documents reveal the boundaries showing the extent of the land. Here’s the problem: My neighbor claims that a higher fence will block her sunny view and make her feel like she is too closed in. done a survey yet but their is a marker on the parkway sidewalk between our two properties. It's their bush so why should I. Fence etiquette prevents disputes between neighbors. Print Your responsibility as a fence owner. THe wood on top of the wall is completely rotted. I know it when i bought the property. I want to keep the wire fence for future livestock use. Well, I pray so strongly to our Almighty Father and in less than one month the entire family was moving out. In her view "it's past it's best sell by date". My problem is the neighbor did not bother to even let us know about the chickens. While the difference may only be a matter of feet, it can cost tens of thousands of pounds. and I'm tired of my next door neighbor putting their trash in my garbage can when theirs gets full. Our new neighbors on the north are installing a 6' wooden privacy fence (they have two pitbulls. My neighbors have a Rottweiler who barks incessantly when my dogs go outside. Negotiate concrete and saw cut money from the seller. Contact us today at 518. 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. Whether the water is coming from a single location or along the length of the neighboring property installing an…. He may not enter the neighbor's property to trim or destroy the tree. 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. Find the answer to this and other Property Law questions on JustAnswer We use cookies to improve your experience. If your neighbour owns the wall or fence. Secondly you can build your own fence on your side of the old one, you will loose some property but then its up to your neighbor to. Evidencing when the fence was built, especially if in excess of 10 years, is a very significant determinant of whether or not. I put my fences up 8' off the property line (just a little over one mower pathwide)- so I can keep the perimeter mowed easily. Avoid fence disputes by practicing fence etiquette--a good neighbor policy. If someone encloses his property by using a neighbor's fence, the statutes provide that the neighbor can demand a just proportion of the current value of the fence. My neighbour's land is higher than mine, but can he simply dump his water on my land? If "his water" is surface water, then it has no right of drainage. She is paying for the work herself as the fence is hers. My neighbor beside me haves cattle I have no livestock can I put up a 6ft privacy fence between us I live in Noble - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. A caveat, however; make sure you know where your true property boundaries are. Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork? None. Should this be unsuccessful, the legislation aims to facilitate dispute resolution. is she allowed to do that? Property is in Patchogue NY. We faced several repair-related challenges before we could stain our fence: Our Side of the Fence was the “Back” The only way to repair the slats was from the front of the fence, in either of my neighbors’ yards. Your legal rights concerning a fence between your neighbour’s and your land which. A fence built on a boundary is typically considered joint property of both property owners. My neighbor wants to install a new fence on a never fenced boundary; My neighbor wants to permanently remove an existing fence; My neighbor wants to replace an old fence on our property boundary; The FAQ law bulletin also looks at the role of township trustees, and what the law says about fence construction and upkeep. I'll just call them Front Yard Fence and Back Yard Fence for simplicity, since that's roughly how the division went. Secondly you can build your own fence on your side of the old one, you will loose some property but then its up to your neighbor to. My neighbor came round to say she was going to replace the fence between our respective properties. My husband and I had that problem with the sunroom in our house. It has honestly never occurred to me not to paint my side of the fence around my garden. The branches of the tree have grown against the back of the fence and I can't have the fence repaired without the neighbor removing or trimming the tree first. I want to explain you that I want to - [Describe plan here]. If your neighbor builds on the line, they are solely responsible for the fence's cost and maintenance so long as you do not use it. Our neighbors fence is 1. I enjoy turning deadfall into firewood and keeping my woods “clean”. You have the survey and the proof you paid for the fences, in my opinion, I would think you can unilaterally decide to remove the fences and build the new one. I gave my permission. Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork? None. The concrete footing which was laid "straddles" both sides of the boundary line as does the blockwork which has been constructed on the footing. They have refused to. Our neighbour has completed their build before us but we have previously mentioned that we will have fence in between. Q: I live in a gated community with zero lot lines between houses. Fence erected inside boundary line. I requested him to show me the invoice,he just turn on back and left to his home. And so is the bill for it. Shortly after I moved in a new owner bought the house next door and erected a 5 foot chain link fence running parallel to my fence probably roughly on her property line and almost right up against my wire fence (few inches apart to allow for posts. He may not enter the neighbor's property to trim or destroy the tree. It is clear, in my opinion, the fence was placed on our property in many places, including at the beginning and at the end, as you can see the monument markers. You should take care not to cause unnecessary damage to the tree. Determining when a neighboring property owner is "using" a fence is critical. Now many times building a patio thats attached to anything requires permits. The owners are a lovely family and I have told them that their ivy and a leylandii have damaged the fence, breaking between the panels and the weight of. Do I have to pay half the cost o…. It has honestly never occurred to me not to paint my side of the fence around my garden. We already have a perfectly "functional" chainlink fence between our properties and I have no need/interest in replacing this fence. Page 1 of 19 - Can neighbours refuse a solid dividing fence? - posted in Home, Garden & Renovating: We have moved into a new property about 6 months ago and right from the get go the neighbour on. The neighbour has built up the ground against the fence to about 25-30 CM (1 foot) with dirt etc to level the land on their side of the fence and make a bit of a garden and is. My question is, can I take the. Lawyer's Assistant: Have you talked to a NY lawyer about this? No. Assistant Public Works Director Larry Brock said the county likely acquired it for an eventual road. 9 feet into my property. In her view “it’s past it’s best sell by date”. In the United States typically a fence is on a property line, thats why usually if a fence is replaced do to age or whatever both homeowners pay their share. 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). While the difference may only be a matter of feet, it can cost tens of thousands of pounds. Neighbor disputes can crop up due to a number of issues, but water damage issues due to the landscape of a neighbor’s property or naturally-occurring condition are some of the most common. and I’m tired of my next door neighbor putting their trash in my garbage can when theirs gets full. Make sure your landscaping doesn’t encroach onto your neighbor’s property. From the standpoint of informal neighborly relations, the answer is always no. If one neighbor is willing to pay and the other doesn't a big dispute can happen. Fences serve many purposes. Depending on your local ordinances, the neighbor may not have any obligation at all, which means you have no recourse. The property owner may decide to absorb the full costs of the fence installation and: Erect the fence entirely on his/her property. First, neighbors with such a fence are equally responsible for the cost of repairing or replacing it. After I moved in, she fenced off my HOUSE so there was only about 3 feet around it and said that was my property. The chainlink fence is not on the property line; it is about 4 inches on our property (land was surveyed). Secondly you can build your own fence on your side of the old one, you will loose some property but then its up to your neighbor to. 13 metres in any other yard in a residential property. But my wife and I just realized that their fence actually was built three feet onto our property. Question: 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. What can I do? It is essential that you determine the location of your property line. The bamboo on our side of the fence has overgrown into the neighbours yard over the last how many years. For example, your neighbour may not realize you have built the fence six inches into your property line, and may be happy not to use that strip of land once they learn it is yours. My neighbour's land is higher than mine, but can he simply dump his water on my land? If "his water" is surface water, then it has no right of drainage. Neighbors Kept Crashing Into Their Fence, So Dad Built A Wall To Get His Revenge - Duration: 9:14. You can't make changes to your side without their permission, such as painting it. Know your rights: Boundary walls As a property owner, you are entitled to enjoy, use, consume, convert, alter, destroy or sell your property and what the land produces in any way you please within the limits of state and local authority regulations, provided you do not interfere with the legal rights of others, including your neighbours' rights to the same enjoyment of their property. 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. There is now legislation to ensure the owners of Leylandi Conifers maintain the trees at an acceptable height to protect the rights of adjacent properties. I enjoy turning deadfall into firewood and keeping my woods “clean”. The property in between our fences belongs to us. My neighbor beside me haves cattle I have no livestock can I put up a 6ft privacy fence between us I live in Noble - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. On occasion, you may wish to amend or straighten a property line. Yes, they can refuse. If the property is rented or council-owned enquire with them if your neighbour has removed or removing the fence and not replacing it! The Wezaggle Team! Discuss with your neighbour. Along with this, it's wise to agree on some nominal annual rent – a dollar is quite acceptable – your neighbor will pay you for the right to use the property from the encroaching fence line back to the legal boundary between the properties. Evidencing when the fence was built, especially if in excess of 10 years, is a very significant determinant of whether or not. I'm okay with the gate there because it does keep people out.
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