Providing you can show as above you should have a claim for any damage the ivy has caused and the cost of For example, a physical boundary could be a fence, hedge or maybe a road or pathway. The fence is denoted as my responsibility on my deeds. A wall or fence does not expand in width and (assuming the wall or fence is on the boundary) the boundary will run either run down one side or the other or through the middle. The neighbours can agree on their contribution, or have this decided by an arbitrator. It is a boundary between our gardens and there is nothing to replace their side as far as I am aware (plants etc). This amounts to an average of 400, although again this will be dependent on the amount being removed. Albu to go knock on his door and told him to sort the fence out. Generally, if you desire to install a fence in your rear garden it mustn't be higher than 2 metres. Garden Fence Boundaries are often determined by examining the type of fence, and applying Common Law boundary presumptions way only, i.e. Furthermore, can I put a fence up on my boundary? This is not a problem as long as the hedge or fence is not removed. I say suspected, because it's been thoroughly investigated and no one knows the clear details. Replacing old tatty fences can keep your relationship with your neighbour on good terms. Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. Another common dispute is a new driveway and/or out builds such as sheds and garages. - States that consent from adjoining owner is required to remove existing fence. Some of our publications are available to bulk order. Try to see things from the other person's angle. 020 3007 5500. And, if you tell him not to, Neighbor cannot come onto your property without your permission. I synpathise with your neighbour. You can both try to be sensitive. When I bought my property I was aware that a neighbour had removed the boundary markers behind the garage and was making use of a narrow strip of my land between the rear wall of the garage and the boundary line.

The short answer to this question is, of course, no.

They added: "It An injunction is an order compelling your neighbour to Consequences of tearing down the neighbors fence on your If it's within their property boundary, your neighbour has every right to do whatever they want, including installing a fence. This man has fallen out with most of the neighbourhood and I can see why! My new neighbour has removed My new neighbour has removed the fence along our shared boundary (which I believe was ours - erected by the previous owner), and erected a new, significantly higher fence (2.05m) in it's place, with no attempt to talk to me about it. Garden Fence Repair. * Hedges do not make good boundary features. so our neighbour has taken down the boundary fence which is ours, but we gave permission to remove it and the bush but then they erect the new fence just under half a meter on their side. Lines open 24/7. Facing the wrong side of the fence towards your neighbor, either when installing your fence on your own or working with a contractor, can lead to you being legally forced to A boundary does not have to be a solid fence. Must the encroachment over the boundary line be removed or may it legally remain in place? Worse, depending upon other circumstances, if your neighbor removes the old fence after you've built a new one, he will likely begin using the small strip of land in between. All I can say is that the neighbour disappeared without a trace and rumour has it, was cut into pieces and stuffed down an out of commission bore hole. A neighbor cannot remove the dividing fence without your prior agreement. Everyone tells you so: mortgage lenders, banks, estate agents,solicitors,s urveyors, architects, even the government - and they all make a living out of you! In fact, flat owners and owners of terraced properties can be particularly prone to party wall or boundary wall disputes. He also has a wife who told him he was highly inappropriate too. A Boundary Notice is a written notice to your neighbour saying that you intend to have a registered surveyor define the boundary so that fencing work can be done. When the removal of trees or bushes is replaced with a fence is the number one cause of boundary disputes. If a wall or fence has been built on your land by an adjoining owner, and shouldn't have been, this would constitute a trespass, which is enforceable by an action for damages and injunction from your local county court. 2017-04 Yes, you can remove the neighbors fence thats on your property, but its not the best idea. Consequences of tearing down the neighbors fence on your own include: Not getting compensation for the removal Causing permanent damage to your property The fence is your beighbours as he purchased and erected it. The fact that a particular structure like a fence or a garage wall may be encroaching on your neighbours land does not in all cases require you to remove it. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Neighbor cannot replace a boundary line fence without your permission. Yes, you can remove the neighbor's fence thats on your property, but its not the best idea. Yes, you can remove the neighbor's fence thats on your property, but its not the best idea. Search, browse, view and print these publications below, by topic or by intended audience, or collect a copy from an office of the Legal Services Commission or ServiceSA. If it is on your neighbors property and was paid for by them, they can legally remove it if they like. 1. How to prove? Both neighbours may attach screens or trellises to a fence, provided they do not damage it. The fence they took down was the original from when the houses were built. Fences are typically built between 2 and 8 inches from the line between properties. We went away for 4 days, came back and let the kids outside for a play, next minute our 4.5 year old is next door on the neighbours trampoline.

Right of way: Where a person or vehicle has a right to move in traffic first and other road users are If your neighbours domestic animals trespass on your land, you have certain rights to remove them or have them removed. A legal boundary could be marked, or described, on the legal documents for your house. Click to see full answer Likewise, can I attach something to my Neighbours fence? hi as fat as I know the fence can not be higher than 6ft with 1 ft of gravel board so total of 7ft but it depends on the garden ei if on a hill or Your neighbor could notify you of an intent to replace the fence, under Sec. You will have to acquire planning permission if you want to construct it any higher than that. I had a neighbour once who did the same thing and then began to encroach. A legal boundary is what is described in your title deeds or tenancy agreement. Save costs further down the line. We have a range of legal information publications, including easy read guides, factsheets and booklets on a variety of topics. A check performed by Revenue NSW or other agency to ensure a fine has been issued correctly, or if there are other circumstances for withdrawing the fine or issuing a caution. There is fence lifting There is root interference with your lawn You want a better view. There is a covenant in our Title Deeds that states we are responsible for its maintenance. During the use of a fence by both owners, fences on a boundary are still the property of the both parties, unless otherwise agreed upon by the parties. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbors inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. If your fencing needs any type of footing to secure it, the footing is allowed to be partly beneath your neighbours land. Of course, there are whoop-holes. But Neighbor apparently thinks otherwise, so you must decide how to deal with the situation. It could be a few concrete posts with wire slung between them. The new fence has been erected in the same position as the original. My neighbour has put his new, 5-foot high fence around the steps on our side.

If your neighbour has erected a fence DO NOT try and remove it because you will cause a confrontation or in many cases be arrested for criminal damage or breach of the peace. The plan should be used as a starting position. But the golden rule still applies whether you have closeboard panel fencing, post and wire fencing or trellis panels: the outermost part of your fence or posts should always be placed against the boundary (not over it). Below we show an example of how sizes changes the price. Application Documents. New neighbours that moved in around 12 months ago have been giving constant hassle around the boundary line, claiming my fence is on there property, and their deeds allegedly state that they have 9ft from there wall which is his entire defence and justification. The location of a fence determines the jurisdiction of the court to determine the dispute. Neither the owner or the other is allowed to remove the fence without the others consent since they both hold responsibility for keeping it Neighbors must take you to court to dispute the fence placement. If your neighbour owns the wall or fence Also, you can't even hammer a single nail to your side without asking for their permission, first. Generally, neighbours contribute equally. This means that your neighbor (s) have the same rights to the shared fence as you do. The neighbors dont have the right to tamper with your private property. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. Another person is suspected of taking revenge on his neighbour for some sort of personal slight. Depending on neighbors. If your old fence is damaged beyond repair, then it will need to be removed. He has bolted the fence to his wall. Any higher would have to have planning permission. Fences pass by a sale of the land as the soil [iii]. The Gardenlaw website. High hedges, trees and boundaries.

As However, you could still have a new fence installed right next to it in your garden. Fences are a part of the realty and become affixed to the land. It will create a boundary between the two fences, even if they are not touching. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property.

Consequences of tearing down the neighbors fence on your own include: Not getting compensation for the removal. They are not shared fences. However, the situation is a bit different in terms of height. Aside from this he's also sent her a highly inappropriate text a few months ago which completely damaged any friendly neighbourship they had. He has also installed a water tap and bolted a hose reel to the wall above the steps. Talk to us now. In this case, the boundary fence belongs to both of you. You must try to settle a dispute about a high hedge informally before the council can intervene. The neighbour has another option, though, and that is to petition for a drain across the lower land under the Drainage Act. Hi no fence can be over 6ft high and when it comes to painting it your side of the fence do what you like if he has any complaints get the council 02/04/2016 20:09. Lets say the fence you want to replace does belong to your neighbour, but they dont want to or cant afford to replace it. Your neighbor is not legally allowed to remove your boundary fence. If a tree's located on the boundary of your property and your neighbour's property, both owners must give consent by signing the application form. Keeping this in consideration, can my Neighbour attach things to my fence UK? The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Boundary Fences. Boundary fence was removed in our rental without letting us know. If the fence is directly on your property line and you have both been maintaining the fence and the area around it, then your neighbor cannot remove the boundary fence. Save yourself potentially thousands of pounds by seeking advice now. A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. Freestanding screens or similar structures remain the property of one neighbour and are not considered fences.As a general rule, development approval is not required for a trellis or screen. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. If he is successful, all neighbours would be forced to pay for their fair share of the costs based on how much water they drained into the watershed of the Municipal Drain, and how much benefit they received from it. Your neighbour cannot come on to your land and put nails or screws in it. That, my friends, is the question. Your immediate actions should be: (a) notify the site owners, meet them on site, point out the precise line of the p&w fence, and ask them to reinstate it. A fence built on a boundary is typically considered joint property of both property owners. Your house is more than just bricks and mortar.It is your home,a sanctuary,a source of pride,a comfort. Some areas will allow the building of fences directly on the property line, but in this case, youll have to cooperate with your neighbor and potentially share the cost of the fence. On the other hand, you may want advice on whether your neighbour can stop you building an extension. The question of whether the benefit or the burden of a covenant has passed to owners not original party to the Deed is a complex legal issue and you will require specialist advice. Depending upon the type of use and how long you let that go on, you could end up permanently losing use or even ownership of that strip of land. Consider General rules. This will normally include the addition of trellis panels on top of an existing fence if this takes the overall height to above 2m. They are within their rights not to do this, because the law states they dont have to. 2. There is a fence that follows the boundary up to where the steps start. The steps are entirely on our side of the boundary liine. This will be the case if it is rotten. So in other words, theyve given us some of their land, which sounds great but we dont want it, as we know this is going to cause issues somewhere down the line. 841 (b) (2) of the Civil Code, as a prelude to recovering half the cost of constructing the replacement fence that you concede is needed. You only have the right to claim half the fence cost from your neighbour if you own the property and it has a substantial building on it at the time of making the claim. Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. It will show any land removed from the Title (edged in green), e.g. Indeed, if a fence is on or near the property line it can sometimes be counted as a boundary fence, which means you and your neighbor share ownership of the fence and equal responsibility for its care and maintenance. The neighbor will be ordered to conform; if she doesn't, the city can fine her and even sue. My neighbor's fence is hideous. Can I do anything about it? As for painting the fence I cannot see a problem at all . Neighbor cannot remove a boundary line fence without your permission. A backyard fence that splits the property lines between neighbors is called a boundary fence. Can a fence be put up, replaced or removed without my permission? They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground. The size of the fence has an effect on the overall cost. Fences are not transitory, as personal estate. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the others permission. They concreted over electric cables to back of wooden shed. For example, one neighbor might want to be responsible for repairing the fence, perhaps because she has a dog and is more interested in keeping the fence. Agreements between neighbors about boundary fences are only enforceable between current neighbors. When a new owner comes into the picture, the old agreement is no longer in force. If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence. Publications. Planning permission. A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. 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. Not correct. Is this ok? Therefore, a landowner must first obtain the neighbour's consent to remove or alter the fence. Hi I know be past exsperiance from council that you cannot go higher than 6 ft 6 inch high. A physical boundary is what's actually on the ground and what you can see. it is meant only as a guide. The frustrated homeowner starts by describing how the fence has been erected "at least one metre over where the boundary should be". Or they can argue that your structure encroaches on their land. If you get this wrong your neighbour could force you to remove the fence. Once the hedge fills in, no light will get to the wall/fence side of the hedge and so no branches will grow. Causing permanent damage to your property. If the fence is on or near the property line, for example, the neighbor might have assumed that he had the right to use the fence as he or she saw fit. Not only is this common courtesy, this is a rule enforced by the vast majority of townships and boroughs. Covenants can have a variety of consequences. Determine ownership by occupancy if the fence lies between or directly on the property line. Josh-2010 : A neighbour is liable for damage caused by ivy and trees etc growing on his land subject as above - namely the requirement for you to act in good time etc. Risking potential violent behavior from your neighbor. You will require planning permission for any new fence, gate or wall over 2m in height. We have received no letter of intention to do this to date.-- Legal services commission. Unless the property owners agree otherwise, fences on a boundary line belong to both owners when both are using the fence. gardens. Throwing anything onto your neighbour's land without his consent is a trespass. Keep in mind that if you opt for this, the maximum height that you can go for is 2 meters. Any higher would have to have planning permission. If you paid for half to install the fence and it is on the dividing line, then you both have a say. You may need to get a copy of the titlr plan for both yours and your neighbours properties to check who is responsible for maintaining the boundary, because if the T does not fall on your land it may not show up on the title plan to your property. Speak to us today for more information. When it comes to a wooden privacy fence or a picket fence, the finished or nice side of the fence should face your neighbors. So while we were gone for 4 days the fence has been removed with no consultation. One may also ask, can my Neighbour put nails in my fence? Whoever uses the land up to the fence is considered the owner. So, they cant remove boundary fencing even if they dont like its location. Unless there is an agreement otherwise with your neighbours: Fences must be on the boundary line, though there is provision for give and take where the true boundary is difficult to fence. You need to ensure that you can reach the other side and top of the hedge from your side of the fence, if the fence is not on your property. Pinellas County, FL: Neighbor removed a fence they say was on their property, but was on our property. Real estate/Renting. I came home from holidays to find my neighbours to my back removed my back fence and put up one instead with ancillary concrete works on my land. Applying for a permit.