Can My Neighbour Remove Fence Between Our Properties
They were informed prior to putting up the fence that our property exceeds a stockade fence that we have and they were informed by our lawyer, two weeks ago. Q: My mother lives in a terraced house. Our very old fence was the "good neighbor" one described by someone else below where each section between 2 posts alternates whose side of the posts the boards are on. While they were at it, they removed a small retaining wall on their side of the fence. Determining when a neighboring property owner is “using” a fence is critical. Generally, a property owner is deemed to be using a boundary fence when the neighbor’s entire yard is fenced on all sides. Neighbor encroaching on my property. What options do I have? Prior to July 2006, the City Clerk’s Office administered applications on behalf of property owners, under the Line Fences Act, to apportion the costs of the installation or repair of adjoining. Around here, most people put their fences a bit into their own side so that they can move along the outside for maintenance without going onto the neighbor's property. How can I get my neighbor to remove a spite fence made out of railroad ties and trees directly in between Driveways I'm planning on going to City Hall to find out where the property line is because judging by the neighbors fence on the other side of the block , my fence is actually at an angle from the corner of the lot and I lose about a foot or two by the end of the supposed property line. My neighbor has put up a fence that goes over my property. In the interest of neighborly relations, I voluntarily paid for a new pear tree, so between what the insurer paid and what I paid, he didn't have any out-of-pocket expense," says Hartwig. Any agreement you make with your neighbour about your dividing fence overrides the provisions of the Dividing Fences Act. now i do know where she is coming from and ive had a word with the cat my concerns are with the safety of my 4 kids and the friends they bring round to play in our garden. No formal approvals are required for fences up to two metres in height that are associated with an existing house, are not associated with a swimming pool, not part of a retaining wall and would not restrict water run-off from adjoining properties. At the moment they are in the "thinking about it" stage and have not submitted any plans etc, but i wanted to know where i stand with regard to how close he can build to our windows. Neither owner may, without the consent of the other remove, raise or lower the boundary wall or tamper with it in any way except in an emergency, although in terms of common law a neighbour is allowed to break down a wooden fence and replace it at own cost with a more expensive partition. My deeds show that I own the fence between me and the neighbours. You could offer to sell them the land or suggest the fence can remain temporarily, provided that when it needs replacing it is erected on the original boundary. the fence beginsagain but does not ninety back out to the property line, it just goes straight back, sa if the the back edge of the garage is the property line. This created the odd looking situation where two identical fences were touching each other back to back. This fence runs the entire length of one side of our garden. Adverse possession means that the fence, for all practical purposes, becomes the property line, and so you cannot just remove or move the fence. Fence wars: When things get nasty in the suburbs our side of a boundary fence black. If the cost of moving the fence is prohibitively expensive, and you don’t particularly care about using those three feet of your land, you can still prevent the neighbor from being able to eventually claim adverse possession by giving explicit permission to “borrow” that strip of land. My neighbour now wants to build a 6 foot high block wall on the boundary. If you and your neighbor desire a true partition fence to divide the properties, you can voluntarily agree to share the costs if you think the fence would also be to your benefit. If you dont give permission they will have to get a court to grant them permission to access their property via your land. What If Tree Branches Hang Over The Fence?. Spite fences are those which neighbors put up extremely close to the other neighbor’s property for the purpose of annoying or inconveniencing the neighbor, and not for any legitimate other reason. I wanted to let you know that I've been thinking of installing a fence between our properties. Council is also unable to mediate between neighbours as it is a civil matter that should be resolved between neighbours or through the Land and Environment Court. So I phoned a few companies to get some quotes for its repair, and I was impressed by Paul from Good Neighbor. Generally, fences between neighbors in the RD zone and outside the front yard, seven or less feet in height, can be placed on your property line without any minimum setback limits and do not require a permit. If your neighbor’s tree or branches have fallen into your yard, they have become a nuisance3, preventing you from the comfortable use and enjoyment of your property. 21 years ago, my neighbour was erecting the fence between our gardens. Take the chap who recently took a chain-saw to a 6ft boundary fence he claimed his neighbour had `Hands off that fence or you'll be hearing from my solicitor' | The Independent Subscribe now. Here's the letter: I am asking very politely for our bordering neighbors to refrain from spraying the fence line located on our property with any herbicides or general poisons designed to kill weeds, grass, bugs, pets, etc. Your neighbour is building something It begins with the roar of dump trucks and bulldozers early in the morning on a weekend—and it is happening next to your home. We intend to stain our fence - and the color we chose is a transparent wood-tone - but a shade or two darker than the original color. My neighbor used to have half of the property line fenced with hot wire (and they ran the wire RIGHT on the property line), but since her last equid passed away, they've removed the old hotwire. His version is: “Love your neighbor; yet don’t pull down your hedge. While they were at it, they removed a small retaining wall on their side of the fence. A fence can make your neighbor happy or unhappy depending on where and how it is built. They then demolished my garden wall and rebuilt it on my path and blocked up the gate. By considering your neighbor in your decision, observing property boundaries and keeping in mind that good fences help make good neighbors, you can avoid problems with anyone in your neighborhood. Some folks think of it as progress, but you regard the ongoing building construction next door as a disruptive nuisance, an intrusion that alters the character of your. Print Avoiding disputes about fences. I'm not sure what fence ownership laws are in your state/province. Q: My neighbor put a new fence 2 feet inside my property May 29. Part of the issue is that boundary fences are technically owned by both property owners, unless they agree otherwise. Without such permission, entering a neighbor’s property and removing the brush could be considered trespassing and subject the acting landowner to damages. Do you think I have the right to make the construction company remove the neighbors driveway from my property also make them replace my fencepost an make them responsible as to paying a surveyer to come and mark my property again because not only did they remove the front rod marking but also the markin on the back of my property. Can they do this? Yes. ] Adam Aguilar is a Realtor® with Reliantra in West Toluca Lake, CA. I would like to put a fence between my neighbours garden and my own (nothing fancy - just 5 foot high wood). So, neighbours garage wall forms part of the boundary between our properties. You can legally replace an existing fence without their permission, but you might want to ask them to chip in on the cost. When we purchased this home, the prior owner had built a privacy fence several feet inside the property line across the back, and even farther in on each side. The cost to build a new fence will be expensive and I would rather not pay. Our backyard is fully fenced, and one side of the fencing is a division fence between our property and our neighbor's property. doing it by the book. 7 hours ago · Yards and hedges can become the focus of simmering disputes between new neighbors. Don't Offend Your Neighbors. I was upfront with my neighbour about my intentions in the matter. While fence was down, my cat got out (cat never left yard previously -- she is too fat to hop the fence. I live in Fla. Neighbor encroaching on my property. we have a branch that's hanging over our fence we'd like to cut it down,' but it's a very touchy subject, and I always tell people to get some legal. Can they do this? Yes. It towers my fence. Obviously we all want to secure our homes the best we can. 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. Some folks think of it as progress, but you regard the ongoing building construction next door as a disruptive nuisance, an intrusion that alters the character of your. Then, talk to adjacent property owners about what you’re planning to build and what materials you’d like to use. It is my landlord's fence, not her's. Neighbours Ivy damaged fences severely. It can be erected elsewhere [Fences Act 1975 (SA) s 17], but this might lead to problems, particularly if the neighbour does not agree. Let’s discuss what you can (and can’t) do when repairing or replacing fences along a property line in particular. Fences are meant to provide privacy or keep a dog at home, but they can fuel arguments. This is liable to be difficult: Unless you can convince your neighbor to testify in frank terms about his or her supposed negligence, you probably won't be able to build a convincing case. Do I need my neighbour's consent? Fences should be regarded as a joint asset between neighbours. And don't assume that an existing fence is in the right place if you go to replace it. This can require a survey, which could be expensive. However, if the intended position of your fence strays onto your neighbor's land, it's a different story. f the Agriculture Code apply?o. They legally should pay as their ivy has been illegally growing on mine and damaged my property and b. Conversations and Compromises. What If Tree Branches Hang Over The Fence?. In regards to the neighbourI have a long driveway down both sides (and it's halfway down the drive) so it wouldn't impact on them unless they like hanging out in their driveway and also I was only planning on making it fence height or at least sloping from house to just below top of fence. Then, talk to adjacent property owners about what you’re planning to build and what materials you’d like to use. Therefore, the best way to determine the proper boundary between two properties is to commission a survey. Our neighbor is trying to refinance her property and the bank said that she’d first have to get a land survey, which subsequently found that the fence that we share between our homes. My neighbour is having the fence between our properties replaced. Your neighbour is building something It begins with the roar of dump trucks and bulldozers early in the morning on a weekend—and it is happening next to your home. The rule is simple: You may trim branches on your side of the property line, but you can’t touch branches on your neighbor’s side. The neighbor is upset and says we can't do. I had a inspector out and she os allowed to have it right there. I am going to have to replace the fence because of the damage he has done to it. Neighbors Trees and Bushes at Property Lines Posted on August 23, 2013 August 23, 2013 by James S. The case involved a dispute over a strip of land between two houses on Johnston Ave. If the existing fence is on both your properties, you would need your neighbors permission to take it down. If it is on their property, they can do whatever they want with it. 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. Property or neighbor disputes can often lead to the. 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. 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. Determining when a neighboring property owner is “using” a fence is critical. The problem with this is, she doesn't have a deposit to get the ball rolling. You know what happens when trees grow. 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. If I did get new fences it would take a lot of work and money as the ivy would only do the same to the new fences. The cost to build a new fence will be expensive and I would rather not pay. My fence is inside my property line as the property was surveyed and pins located before I put up the fence. Some people get concerned about having fences on their property and they get concerned about the neighbor cutting the grass or being able to claim that. Help!! My neighbors grass is growing between our fence. He has also installed a water tap and bolted a hose reel to the wall above the steps. You can also call the city, which can order the person to obey the law. Habitual Trespass. What do you do?. legal boundary between your. Q: My next door neighbour is looking to put up a 6 foot fence between our properties, either by removing the picket fence that is already there or completely replacing it even though I believe it to be on my boundary. 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. Neighbor's fence may or may not be on our property: how to proceed If the fence is on your side of the property line, you can remove it. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. For example, if a neighbor has fenced only three sides of his property, he is not “using” the boundary fence to enclose his yard. My neighbour has erected a fence between our two properties without any consultation or permission from me. We have since had multiple issues with this neighbor and had to have the authorities involved. Can my neighbor force me to cut my trees or cut my trees down? This goes back to the submission from Pyllis—can a neighbor force her to prune or cut down the palm tree? If the tree's trunk sits wholly on Phyllis's property, it's up to her to decide what happens to the tree. 1y neighbor’s cattle are on my land. If it turns out that. For instance: Only one neighbor wants a fence. New laws spelling out who is responsible and what is acceptable in neighbourhood dividing fence issues will go a long way to opening the gate for amicable solutions. Is it even legal to put up a fence like this?. - There is now a cavity between the wall and fence where leaves, etc. There’s so many people live there but they started parking their cars in the side of the house between our property line. Can my neighbors remove my 49 yr. My building is the only one on the block without a fence. Observe boundaries: Don’t risk having to tear down that. If she has removed the fence that is allocated to ur property then u can refuse her permission to put up a 6ft fence, if it not yours according to the deed then it tough im afraid. If your neighbour builds a fence higher than the bylaw allows, you can talk to them about it. Q: My neighbor put a new fence 2 feet inside my property May 29. Do I need my neighbour's consent? Fences should be regarded as a joint asset between neighbours. As home improvement season kicks into high gear, fences can be a tricky subject -- especially if one neighbor wants a fence and the other doesn't. Unless it's stated in the deeds of the neighbour's property that there should be a physical barrier or the wall (if it is a brick or stone structure) is listed (as opposed to 'listing') there is no law that says you have to place a physical boundary between your property and your neighbour's, be it fence, wall, vegetation (hedge, tree. A tree on the city easement in front of my neighbor's house was damaged in a big storm and a HUGE limb fell. Fences, appearance of: Can I paint my side of my neighbour's fence? Only if your neighbour gives you permission to do so. Don't Offend Your Neighbors. I now regret this choice as the front often feels like a shared driveway and visitors often just walk across our front -- a recent one traipsing plaster dust footprints everywhere. If it is on your property, no, they cannot replace it. What should I do if my neighbor's fence is situated on a portion of my property? Well usually it's not a problem particularly if it's just over a little bit and you get along with your neighbor. In relation to dividing fences, the Department of Housing and Works has produced an excellent booklet - "Dividing Fences", which can be freely downloaded at www. However, you have a practical problem that mortgage lenders do not like to make mortgages on property where there is a questionable title. We were happy enough for them to do this and agreed verbally. Contact a licensed land surveyor. The title deeds will give the position of the boundary line. How Close Can I Build My Shed to The Fence? For your specific measurements and council requirements, please contact your local shire. Since partition fences mark divisions between properties, it would seem logical to assume that a survey is required before building a fence. According to FindLaw, a neighbor has a right to plant trees up to the property line. That wall is your wall and while it is located up to the boundary and therefore effectively forms the fence between the two properties – the wall is still on your side of the boundary, the neighbor must not affix anything to the wall as that would be within your property. we were told it was an easement. If it is on their side. Annoyances between neighbours can also relate to views and rights of way, in addition to trees and fences. My next door neighbor rents out their house, so we don't see them often (they used to live there, but haven't for many years). Property lines are often a cause of dispute between neighbors. 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 tells me that the property boundary is incorrect and is 10-15cm wrong in his favour. Do I need my neighbour's consent? Fences should be regarded as a joint asset between neighbours. Our very old fence was the "good neighbor" one described by someone else below where each section between 2 posts alternates whose side of the posts the boards are on. Fences, or the lack of a fence, can also cause problems between neighbors. 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. Contact a licensed land surveyor. What, if any, is the law when it comes to a fence that is between two properties? A wood fence sits on our neighbor's property between our backyard and our neighbor's backyard - the fence belongs to our neighbors so they have the "attractive" or front side of the fence. 21 years ago, my neighbour was erecting the fence between our gardens. The proposed fence should meet our minimum fencing specifications. Good fences make good neighbors, right? That’s what the poet Robert Frost said, at least. We are now in a pickle. My neighbour has erected a fence between our two properties without any consultation or permission from me. effect on fences in many areas of the state. However, if the intended position of your fence strays onto your neighbor's land, it's a different story. Generally, fences between neighbors in the RD zone and outside the front yard, seven or less feet in height, can be placed on your property line without any minimum setback limits and do not require a permit. 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. Until you find out EXACTLY where your property line and fence waskeep your dogs tied up. Neighbor's fence may or may not be on our property: how to proceed If the fence is on your side of the property line, you can remove it. But - a neighbor that borders our lot along the back line has been throwing her trash (large items) into our yard. It is always better to ask for permission ahead of time. The neighbours are obliged to pay half of a standard (which is higher than it used to be. Removal or Destruction of Fences A fence is an enclosure creating an adequate blockade around a particular land for the purpose of prohibiting intrusions from outside. Ideally, you and your neighbour will be able to resolve any problem by discussing it together. Property line disputes can occur for a few reasons. They agreed to restore the site so we agreed. The Legal Sausage You just discovered that the fence between your house and your neighbor's, which has been there for years, is displaced from the true property line. Most land in England and wales is registered and there are computer records that can be usually checked through the Land Registry. we were told it was an easement. If you're unhappy with the size of a neighbor's tree, it's your job to trim overhanging branches, within reason. A fence between properties. The neighbours have rented their house out but the tenant is a single mum who has no idea how to look after the garden. My neighbor wants to install a fence between our properties. 1y neighbor’s cattle are on my land. You can't park your car in the driveway unless and your neighbour both agree to this. Q: Our fence between my neighbors and us is being pushed out of line by two sucker growing trees that are growing on his side of the fence. Therefore, the best way to determine the proper boundary between two properties is to commission a survey. I've overheard them talking about building a conservatory (no problem with that at all) but my ears pricked up when it was mentioned that they can remove my boundary fence, to dig footings into my garden to support this conservatory, without our permission!! hence there could be potential damage in them removing the fence and would also mean. We recently had to do repair to our fence and were advised by this neighbor to stay off of. org that discusses neighbor fences and whose responsibility it may be to repair. I have recently bought a property with a very old hedge on the shared boundary. My side of the hedge appears to be well maintained but the adjoining neighbours have erected fences on their side. The outdoor home surveillance camera system is one security measure lots of people take. In the absence of mention of the hedge or boundary measurements in the titles of. We had a neighbor who had a chain link fence between our properties. Can neighbor remove fence on property line without notice if it has been there since the purchase of my home? I have owned my property for 16 years and this fence has been there on the property line long before my neighbor bought his house, (the previous neighbor purchased and put up). that the town needs to have access to it for poles/wires/etc. Wjth repairs, ny previous neighbours and we always shared. Matter of fact, when one of my trees fell on my neighbor's fence, it destroyed some of his fence and damaged fruit trees. However, if the intended position of your fence strays onto your neighbor's land, it's a different story. It can erode your property bit by bit. In fact, they seem to have encroached on our land by about a third of a metre. Otherwise they would have no entry onto school property. They have refused to. Q: Can one property owner remove a fence line without the neighbour's permission? If a property is posted "no trespassing" can the neighbour enter the land and erect a fence on land that is. For instance, if a fence is built not on the property line - but actually strays onto a neighbouring property (and does so without any other legal justification) then the neighbour may both sue for damages in trespass, and/or seek a court order removing the fence. In that state’s leading case on the subject, one neighbor mistakenly planted trees entirely on the property of his neighbor, at least by a few inches. Property clinic: is the neighbour's fence on my land? I fell out with my neighbour after their dog came into our garden and damaged a number of plants. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. It will usually be on the common boundary between the two properties. As home improvement season kicks into high gear, fences can be a tricky subject -- especially if one neighbor wants a fence and the other doesn't. If it's been less than 10 years, then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition. What can I do about my neighbour's overhanging branches or tree roots that are coming on to my property? Repairing damage caused by a neighbour's tree can be costly. By the sounds of it you would have required your neighbour’s consent to go on to his land to maintain the side wall of your property. This can occur when negotiations between neighbours fall down. Our neighbor asked for access to build a stormwater drain as they are building four properties on the two blocks on the upside. A dividing fence can be made out of all sorts of materials, for example bricks, metal or wood. - 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. between most residential properties. Our very old fence was the "good neighbor" one described by someone else below where each section between 2 posts alternates whose side of the posts the boards are on. We have a close boarded fence with rails our side which is our property. Dividing fences are a common cause of disputes between neighbours. A landowner can lose or gain land by a legal concept known as “adverse possession”. But what if a fence (or a tree or another property line issue) leads to an argument with your neighbor? Most neighbor disputes over property lines are easily resolved. Any ideas as to what i can do to stop it from creeping between the fence planks into my garden? Thank yo…. If your neighbor built a fence or structure that encroached on your property, and you didn’t notice, then after a certain period of time that neighbor would have the legal right to call that property their own under adverse possession laws. 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. According to the subdivision plot this is not the correct line. As long as the tree trunks are in his yard, there is very little a person can do. My neighbour still objects to the fence and won't let the builder cross the boundary line while building the fence. The problem is that my posts are on the neighbours side and he has told me i can only put up a fence on the posts facing me, as he owns the land between the posts so i cannot drop in panels that screw into the side of the posts. What If Tree Branches Hang Over The Fence?. A white picket fence was once the benchmark of the suburban ideal, but a fracas between neighbours over a high wooden fence sitting right on a property line could prompt changes to Town-wide rules. The outdoor home surveillance camera system is one security measure lots of people take. You can also call the city, which can order the person to obey the law. by: Jane M. This information is provided for private owners who wish to erect or upgrade a fence between their property and a Kāinga Ora property. If your Buy and Sell Agreement did not require you to provide a survey, then you are not legally obligated to provide one. We each trim our own sides to about 4ft high. Real Estate Blog. Wjth repairs, ny previous neighbours and we always shared. I have checked the property deeds but i have a few queries if anyone can help please:- 1 does my neighbour have to give me any written notice of the intended work and if so how much time has she to give me?. I have a great relationship with my neighbors. While we were away on vacation, my crazy neighbor lady tore down our fence between her yard and ours. How can we help you build your business. My neighbor has chickens that regularly come in my yard and destroy flower mbeds and my tiny kitchen garden which is not only frustrating but COSTLY, We put up a fence between the yards except for a about twenty feet to allow people to get across the ditch to mail boxes. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. There is currently no fence, and due to disputes with neighbours am wanting to seperate the driveways. Therefore not his problem. I'll just call them Front Yard Fence and Back Yard Fence for simplicity, since that's roughly how the division went. In regards to the neighbourI have a long driveway down both sides (and it's halfway down the drive) so it wouldn't impact on them unless they like hanging out in their driveway and also I was only planning on making it fence height or at least sloping from house to just below top of fence. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence. It's common for neighbors to disagree on a number of issues, include property lines, boundary fences, and the trimming of trees near the property line. Re: Can You Remove A Neighbor's Fence Built On Your Property I DID I obtained a third survey with markers buried three feet two of them showing where the fence encroaches on my property. by: Jane M. If you and your neighbor desire a true partition fence to divide the properties, you can voluntarily agree to share the costs if you think the fence would also be to your benefit. Neighbors Trees and Bushes at Property Lines Posted on August 23, 2013 August 23, 2013 by James S. ow do I remove them?H 3tray livestock are on my land. We'll also focus on how to determine which fence side is yours - left or right - and explore the different ways you can use to find out. I live in Fla. If you or your neighbor want to fence the property or build a structure close to the line, you need to know where the boundary line actually runs. We are now in a pickle. com) Q: A few months ago, a nice family bought the house next door. The neighbour is responsible for the costs of removal, but it is always best to talk to them about repairing it. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. While fence was down, my cat got out (cat never left yard previously -- she is too fat to hop the fence. Approach your neighbor about his fence being on your property. taken four feet of my neighbor's property. The problem is that my posts are on the neighbours side and he has told me i can only put up a fence on the posts facing me, as he owns the land between the posts so i cannot drop in panels that screw into the side of the posts. My side of the hedge appears to be well maintained but the adjoining neighbours have erected fences on their side. However, you have a practical problem that mortgage lenders do not like to make mortgages on property where there is a questionable title. Ron talks about the limitations of doing so. 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. by: Jane M. Since most of us now live in urban areas, I will limit this discussion to issues commonly faced by urban landowners related to boundary line fences. In some cases, your neighbor may want the ugly side of the fence facing their property. Advice regarding neighbours driveway draining onto my property Hi all, apologies if this isn't in the right sub-forum but it was the closest match I could think of. Trim, but do not butcher. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. Kelly Kinkade's answer is pretty solid. In the end, this plan went a long way towards minimizing conflicts with my neighbors and overcoming the hurdles that we encountered along the way. My neighbour kindly informed me today that they would like to build over their garage to extend their house over the second floor. He has bolted the fence to his wall. The neighbor refuses to give me access to maintain/clean my fence or cut the grass/weeds growing on my property now enclosed by his adjoining fence. 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. Usually this will be a case of a homeowner’s. If you wish to build a fence between trees growing along your property boundary, we recommend you hire a surveyor to stake the boundary location first. If your neighbor built a fence or structure that encroached on your property, and you didn't notice, then after a certain period of time that neighbor would have the legal right to call that property their own under adverse possession laws. use information about you to make sure that we can provide our. Your legal rights concerning a fence between your neighbour’s and your land which. I can see that all of our neighbor's fences are within their property lines. The general rule that applies in most jurisdictions is you do not need permission from a neighbor to build a fence on your property. Neighbour's fence crossed boundary line Search our Legal Questions and Answers Q: My neighbour's fence has crossed my boundary line; I did not mind it at first but now I want it removed so I can put in some renovations on my land. There is also information about what you can do if a dispute with your neighbour makes you fear for your. Local bylaws often control how high a fence can be, both natural fences, including hedges, and those built of wood, stone, or other materials. If the tree trunks are on the property line, they are considered boundary trees and legally belong to both sides. ] Adam Aguilar is a Realtor® with Reliantra in West Toluca Lake, CA. If you can't figure it out from the property descriptions in your deed or subdivision map, or you and the neighbor think it is in different places, you have several choices. Therefore, the best way to determine the proper boundary between two properties is to commission a survey. This myth was displaced by California law in the mid-1990s. Can they leave my property unsecured like this for a long period of time? The neighbour says the council approved the building plan so they would have known he would have needed to remove the fence to be able to build along the boundary. Property clinic: is the neighbour's fence on my land? I fell out with my neighbour after their dog came into our garden and damaged a number of plants. I have a great relationship with my neighbors. , for the health, safety and well being of my horse, effective immediately. If you dont give permission they will have to get a court to grant them permission to access their property via your land. property law. Is it legal for a neighbor to put up a gate between the two houses that restricts you from 1 side of your home? The gate is in the alley (both sides) between our houses and it stays locked. My house is next to alleyway from the right side and the back. Dealing with Your South Carolina Neighbor’s Falling or Overhanging Trees Previous Next A common question asked of our lawyers in Charleston is whether a person has the right to cut a neighbor’s tree branches that hang over their property line. What If Tree Branches Hang Over The Fence?. I had my driveway re-laid in March 2017 and in doing so, decided not to have a fence between the neighbour and us. Many people only find out about contested property boundaries. This is liable to be difficult: Unless you can convince your neighbor to testify in frank terms about his or her supposed negligence, you probably won't be able to build a convincing case. My neighbor wants to install a fence between our properties. Wjth repairs, ny previous neighbours and we always shared. I'll just call them Front Yard Fence and Back Yard Fence for simplicity, since that's roughly how the division went. Can one neighbor remove a fence located directly ON THE property line without approval of the other neighbor? One neighbor installed a vinyl fence on the property line and paid for it. If the fence needs removed for the work to be carried out,e. This is a single straight section of fence about 600′ long. One place it can be found is in Poor Richard’s Almanack by Benjamin Franklin. If the property is divided by a hedge or other material, the responsibility also usually lies with the area which the hedge is on, although it can become complicated if a neighbour proposes to remove the hedge as to what your rights are as the adjoining neighbour if you dispute the plans. According to their results I am losing up to 30 feet of my side yard. Ask the Lawyer: Overgrown ivy and other neighbor disputes My neighbor has ivy growing on our shared chain-link fence. When discussing with the current neighbor and her son I told them they were welcome to get a new survey if I am mistaken then so be it and they could be wholly responsible for the fence. According to FindLaw, a neighbor has a right to plant trees up to the property line. The outdoor home surveillance camera system is one security measure lots of people take. During the survey, they came over and informed us that according to what was registered with the county, our “zig zag” property line is off by. One neighbor didn't even ask but placed a fence two feet away from the property line, I would have loved to go in with him on a new fence between our property line as it turned out, we needed. However, you have a practical problem that mortgage lenders do not like to make mortgages on property where there is a questionable title. I dont want to be looking at that when I am sitting in my garden.