Maybe call the building department and ask them to look for a permit for a fence? Line Fences Act | ontario.ca - Please bear in mind that if you do not, the local council may well take action themselves to assess and remove any tree deemed to be dangerous - and they may also charge you to do so. Still can't believe we didn't discuss this properly before work commenced. The laws on boundary fences will vary between municipalities since they are enforced by local ordinances. Click on a link to the section: [choose one of the below or offer a choice to your neighbour], - Please would you move your [fence/hedge/other encroachment], [number] metres/centimetres, so that it is no longer on my property, - Please consider this letter written permission for you to "borrow" this strip of land. you disabled cookies on this website - some functions will not operate as intended. Then, keep detailed records of every decision you make. Dividing fences are a common cause of disputes between neighbours. Local fence laws assume that boundary fences benefit both homeowners, and so both owners must pay for the fence. You can do several things if a neighbor refuses to fix their broken fence. That neighbor may have the right to modify the fence or remove it entirely. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. So, the homeowner is usually responsible for its location and upkeep. So now comes the tricky part of figuring out if the boundary fence is indeed a boundary fence or if it actually belongs to you or your neighbor. What is important is that there is a log, in writing, of your discussions on the matter, both written and verbal. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days. Fence issue. My neighbor has asked us to pay to remove the boundary The fence can either be fully or partially on the wrong side of the property to be considered for a boundary dispute. 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. You can use the contract in court because its legally binding. So, here are the five steps to take if someone tampers with your property: Organize your evidence and let the law decide. What happens when one of those neighbors decides they want to remove a boundary fence though? If you do not wish to remove your [fence/hedge/other encroachment] there is the possibility of my selling or "lending" you this strip of land on the understanding that you acknowledge my ownership of the land. When you bought your house, you received the property deed that states exactly where your property boundaries lie- to show what you purchased. The destruction of a fence during the trial gives rise to a presumption against the party who destroyed the fence. You are obliged to disclose all information about your property before you sell it and having a boundary dispute can give the upper hand to the purchaser when it comes to negotiations. If you cant solve a dispute between yourselves, it is possible that mediation may solve the problem, whereby an unbiased third party,a lawyer orchartered surveyor canhelp you to resolve a dispute peacefully and fairly. By . The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. Can my neighbor take down my fence without permission? A private individual cannot claim damages from the authorities for removal of encroached fence. Next contact your city for any ordinances pertaining to the placement of fences. London Member since 20 Apr 2011 32 jobs, 97% positive feedback. Sometimes, talking to your neighbor isnt enough and you may find yourself in the middle of a boundary dispute. To learn more about how we use the cookies and how you can manage them, please see our cookies policy. Can My Neighbor Build a Fence on the Property Line? If so, then I'm not certain they have the ability to say that as a demand so much as a request unless your local law says they do. We've just had about 9k of . So, confront them first in person or writing. My concern is regarding [select appropriate from below], - The tree is leaning to one side and appears likely to fall over, - The tree looks like it may be diseased/dead, - The tree has a large, broken branch which looks like it may fall onto my property, - The tree has overgrown and is now encroaching on my property. Were in Portland Oregon and these boundary fences are jointly owned and if one party replaces the fence seemingly they can sue for your portion of the charges. If neither of you put up the fence and it is directly on the property line, then you have both have ownership of the fence and any decisions regarding the fence must have approval from both parties. Anything can be agreed in a mediation. Do I Need Planning Permission For a Fence? Handbook of Florida Fence and Property Law: Boundaries and Possession You are physically removing something that you do not own, which is breaking the law in most areas. The Council acknowledged they were at fault and came up with the solution of building . I live at [address], next door and am concerned there is a potential threat to health and safety. Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter's field . Dividing fences | State Library of NSW If they fail to notify you of the intent to remove the fence there is zero repercussions and you do know now many find out when the fence is gone. I have enclosed a rough sketch map and highlighted the tree(s) I am concerned about. . [vi] Milner Hotels, Inc. v. Brent, 207 Miss. You cannot force your neighbor to put up a fence. However, if neither homeowner built the fence and it lands directly on a property line, then both homeowners own it. If you are looking to put up a boundary fence, then you will have to obtain your neighbors permission first. The neighbors don't have the right to tamper with your private property. Fence Building Law Basics for Homeowners - The Spruce If your neighbor initially built the fence, then they are legally allowed to remove the fence. Here are some of our favorite easy to install fences that wont cost you a pretty penny: 1. Privacy notice Ah, well at least we achieved the outcome we wanted, but lesson definitely learnt. Whatever the case, try to avoid heated arguments with the neighbors. Fences. Neighbor's Encroachment Over Your Property Line - Porter Simon So, they cant remove boundary fencing even if they dont like its location. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Perhaps we could meet to discuss these options [next week/add relevant date]. Hi I have 4 neighbours bordering the length of my back garden on one side. Communicatingvia letter, also provides both parties with a written record of the dispute. Also think about whether it's safe to cut back the roots. It is not likely that you will face any jail time. Ct. App. If they ignore your requests or neglect your lawful warnings, you can sue them in court. A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. In a lot of states a boundary fence is the responsibility of both neighbors. Each firm is independent of the others and regulated separately. In this case, the boundary fence belongs to both of you. After installing our neighbor decided to dig a trench within inches of the fence and install a drain. a local cafe or other neutral space] on [date] at [time]. If so, please would you take a look and arrange for the necessary work in order to make it safe? This can be found in the deeds to your property. If you're in an argument with a neighbor over a property issue, follow these steps: 1. I have tried to approach you in person on this subject, but I feel a letter may be more beneficial. Thats because you have rights as the homeowner. Many states have laws that regulate "spite fences." Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. You can't make changes to your side without their permission, such as painting it. If you're not splitting the cost, then let it stay until it's literally falling over. That way, you can sue nasty neighbors who try to tamper with your stuff. Either way, don't let people touch or move your stuff . Sharing a boundary line with a neighbor can unfortunately lead to conflict. The owner of the fence has the final say over any creepers or climbers growing on a boundary fence or wall. Please note when writing your letter that if you want to sell or lease part of your land to your neighbour, you will need to gain permission from your mortgage provider. If the wall or fence seems dangerous, point this out because your neighbour might not be . Can my Neighbour remove boundary fence? How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? My neighbour has just built an extension. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. And you cant always knock down or move existing structures even if you own them. JavaScript seems to be disabled in your browser. You are allowed to sell a property engaged in an ongoing boundary dispute but you should be aware that it may affect your property value and you may have to disclose the dispute to potential buyers. 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.
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