Any higher would have to have planning permission. This is assuming the boundary fence lies directly on the property line. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. It has around an 80% success rate, it's quick and easy to set up, and it can avoid a lot of unnecessary cost and confrontation. If this is causing problems for you, you will needto contact your neighbour in order to resolve the issue. Local authorities really are not too concerned about fencing issues. This can be done by you, but you would need a plot map and you would have to locate the property pin. You cannot force your neighbor to put up a fence. So, do your research before erecting a new one. The Dividing Fences Act 1991 regulates neighbours' responsibilities towards dividing fences and is designed to settle the contentious aspects of sharing a fence. So, they cant remove boundary fencing even if they dont like its location. However, if neither of you built the fence, then your neighbor is not allowed to just take it down. How to Stop Your Neighbors Dog From Digging Under Your Fence. 1949). Your best bet will be erecting the fence well within your property's boundaries. feedback, Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. However, those rules might differ for rental estates, public areas, or government buildings. dig up the root and cut a tree root back to the boundary or fence line of your property. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out. When we bought our home our solicitor confirmed that there had been no breach of any covenants affecting the property. Convenient, Affordable Legal Help - Because We Care! A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. 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. We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more. Fences are a part of the realty and become affixed to the land. Also think about whether it's safe to cut back the roots. They can confront you to negotiate or consult law enforcement instead. The Fences Amendment Act provides that an owner must generally give notice to an adjoining owner before undertaking fencing works, unless the owners have already agreed outside of the Fences Act. If the tree is not yours, do you know who is responsible? My neighbour has just built an extension. Either way, dont let people touch or move your stuff without consent. Ct. App. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. Until the contrary is shown, the partition fence is presumed to be the common property of both owners. 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. You will only earn a small fine and a bad neighbor reputation. . 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. Additionally, if you believe your neighbor has put up a fence to spite you, such as blocking a view, then you might be able to sue your neighbor for private nuisance. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. 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. Giambrone provides client services worldwide through its member firms and affiliates, including Giambrone & Partners LLP, Giambrone & Partners Studio Legale Associato, Giambrone & Partners Sociedad Limitada Profesional and their subsidiaries and affiliates. DID YOU KNOW: Some communities restrict the type of fencing you can use. best to check with council planning department, Darlington Member since 7 Sep 2016 In some states, the neighbors can claim your land if they prove you abandoned it. The first thing you should do if your neighbor has removed your boundary fence is to speak to your neighbor directly. I spoke with our neighbour this afternoon and we came to an agreement. I suppose they would make the case that it is in need of replacement and we would maintain that it just needs to be maintained, which were more than happy to do. Depending on neighbors. Your neighbor is not legally allowed to remove your boundary fence. But, you shouldnt go directly to just removing the fence. And some state laws may differ between counties. Every city has different rules regarding fences. Please let me know if you are able to attend. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. Tiffany Nichols specializes in aesthetics, design, marketing, and manufacturing. - Be prepared to hand over your title deeds to the land surveyor including the original transfer, lease of the land, along with its original plan. Fences. Usually there will be a clear demarcation of who owns which part of the land and boundaries. However, these deeds typically dont mention any structures, such as fences. Then, youll receive notice in the mail confirming the change. 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. Attaching plant pots, lights or anything else to your neighbour's wall or fence will require permission! The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. Neighbors must take you to court to dispute the fence placement. They also have the right to remove the fence when they please. Fences are not transitory, as personal estate. The best way to settle a boundary dispute is to talk to your neighbor first. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. The issue is whether it needs to be repaired or replaced and thats the matter being debated. When in doubt, do good to thy neighbor even if they do not do good to you. Additionally, you cannot force your neighbor to put up a boundary fence or agree to you putting up a boundary fence. Still can't believe we didn't discuss this properly before work commenced. 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. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. There are two main areas when it comes to boundary line disputes. Boundary fences are supposed to help separate properties and eliminate disputes. Consequences of tearing down the neighbor's fence on your own include: Not getting compensation for the removal. For example, the neighbor's hedge or fence is encroaching on your property. 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. There would now be two fences along the boundary. And what can you do if they violate your property lines? If the fence is on the right and not on/in your property line, then your neighbours hold responsibility. For example, most places say your structure cant exceed a certain height. Consequences that may arise if you tear down your neighbors fence include: Boundary fences are not legally required. But, a common theme is that if a fence is on your side of the property line, then you have ownership of the fence. best to check with council planning department. The legal position with regards to boundary and fence disputes, and how neighbours can often solve the problems themselves without having to resort to expensive legal action. martinsurrey Forumite. 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. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or . 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. Plus, they can sue if your fence is too high. No Dig Vinyl Fence The white picket fence of your dreams, 2. [iv] Miller v. Leonard, 588 So. If you want to find out where the common boundary between your property and your neighbour's property is and there is no fencing issue involved, you can hire a registered surveyor to . [v] Sanders v. Lefkovitz, 292 S.W. In addition, if you have neighbours whose garden backs onto to the rear of yours, you may needto find out who is responsible for any fence on this boundary, too. In deciding the amount of damages, the court must consider: However in calculating damages, the depreciation which the old fence had suffered due to age and use can be deducted. What To Do With Old Fence Posts (Heres What You Can Do). Either way, dont tamper with a property barrier until you establish the rightful owner. 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 . Your property is on a corner and has more than one frontage. This can beuseful should the matter have to be resolved before acourt in the future. Bankruptcy isn't the worst that can happen to you. a local cafe or other neutral space] on [date] at [time]. Try to be fair. tree trunks are growing on a boundary and are destroying the boundary fence; . However, illegal fencing doesnt give people the right to remove it without notice. 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. 1927). We often link to other websites, but we can't be responsible for their content. - The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs. 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. So, if you have been considering digging a, Read More Can I Dig a Well on My Property?