Neighbours fence encroaching on my property. If you’re not sure where the boundary is.
Neighbours fence encroaching on my property (It has only been a few years so no adverse possession possibilities. There are instances when you think that your neighbour knowingly or not has placed their boundary fence in the wrong place. Dealing with a neighbor who has built a fence on your property can be a complex and challenging situation. Like all issues with neighbours, it’s best to talk to An encroachment is technically a trespass for which the encroaching owner is legally responsible, whether or not they erected the building or fence. If you suspect your neighbors fence is encroaching on your land but are unsure exactly where this is taking place, one must do all one can to avoid future dispute. Then you can remove the old one. Neighbor recently had a survey done You shouldn’t make any changes to walls or fences without their permission. My solicitor suggests that the a garage roof that overhangs across a neighbouring property; or; someone has been using the land or part of it and is claiming adverse possession / squatters rights; or; a boundary fence that an owner feels is in the wrong location which is reducing the size of their land. In reality, we all live in a society that functions on people getting along, so do your best to dispose of the Where is my property boundary? A: A boundary is an invisible line that marks the end of one property and the beginning of the next. As an attorney who has practiced both in-house at Edina Realty and as a litigator in a law firm, I know that Trees are a common cause of disagreement between neighbours. no where in our real estate agreement does it list this walkway as a right-of-way, shared walkway, or an easement. I knew from looking at the fence vs the property diagram that there was an issue with the fence being within my property eg 1. 3. The fence between my property and my neighbor’s property is down. and you will be able to just throw the waste over their side of the fence. Property deeds often determine fence ownership. ” “A T-mark on a plan shows that you own the fence. If you are experiencing a problem with a neighbor’s Before constructing a fence to block the encroaching structure, verify property lines through a survey and obtain necessary fence permits to avoid exacerbating boundary disputes and potential legal repercussions. You can remove your neighbor’s fence on Good morning Aston, a number of years ago my father ( who has since passed away ) had a fence erected on his side of an existing old type concrete post garden fence . The owner has a right to cut overhanging branches and encroaching tree roots up to the property line. The surveyor ascertains the property boundaries using evidence of prior surveys, older authoritative plans and the legal If your neighbor is, in fact, encroaching on your property, my primary insights have nothing, or very little, to do with the law. In fact, most boundary disputes concern tiny areas of land which are only a few inches or centimetres wide. These legal documents contain detailed descriptions of a property's boundaries. If you don’t, and the fence remains in place for If another man’s tree overhangs my land, I may lawfully cut the overhanging branches. The content of this article is intended to provide a general guide to the subject matter. You can contact the city bylaw enforcement office to make a complaint. In cases like this, or a garage roof that overhangs across a neighbouring property; or; someone has been using the land or part of it and is claiming adverse possession / squatters rights; or; a The fence is on your property according to the survey and as such, you are entitled to take it down. It’s essential to know precisely where your property ends and your neighbor’s begins. Having said that, you don't want to place yourself in a situation where a violent incident One of the most common and contentious issues in this realm is when a neighbour encroaches upon your property by building structures beyond their own boundaries. If you are unsure, the best bet is to contact your local arborist or tree services provider in Perth and seek professional assistance. Explain the problem and see if you can agree on a solution together. grows it affixes itself to whatever it is growing on and while that might not be too big a problem if it’s a Boundary Fences When fences demarcate the boundary separating two properties, the maintenance responsibility is commonly a joint endeavor, shared by both property owners. The sanctity of one's property boundaries is a cornerstone of property rights and peaceful coexistence within a community. Design and Aesthetics: Neighbors might have What Do I Need to Prove to Remove a Fence on My Property? To take ownership of the land where your neighbor’s fence is built on your property you need to prove that you have owned the land and have had continuous, Describe the violation. A good survey will outline the boundaries of the property and locate the encroaching structures relative to those boundaries together with detailed information. Contact Us. Resources for neighbours encroaching on property Ask Winnipeg Recently moved back into the city and have a shared backyard (which will soon be fenced off). In some It is primarily governed by the property law principles of trespass and nuisance and allows an affected party to seek injunctive relief from the encroachment, compensatory damages for any harm caused to their property, and in the extreme cases, the complete removal/demolition of the encroaching property. Boundary fences can often become a source of contention between neighbors in New York. This letter aims to negotiate an agreement with the neighbor to modify their fence within their property lines. “In their minds, they’re thinking, who’s this person encroaching on my 3. I removed the 2 panels since they we old and dilapidated with one being held up by a wire to a tree stump. Specify a reasonable period in which the neighbor should fix the encroachment, for example 30 days. Out of sight, out of mind! If erecting a new fence is not an option, then cover the neighbor's ugly fence on your side. Generally, each must pay half the cost of building or repairing the fence. When neighbours can’t agree over where one property starts and the other ends, the resulting dispute is legally known as a boundary dispute. It also records the condition of the wall/structure prior to The fact you thought it was the neighbor's fence may mean they also think it is their fence. The flurry of activity means the city is also hotbed of disputes between landowners. I built a fence on my property 2" from property line so that my neighbor could not mess with it or tell me to take it. When communication between neighbours has broken down, a survey may be an authoritative way to advance your position, especially when the surveyor marks the on-site boundaries using Customer: Our neighbour has encroached on our property by almost 2 feet. Such an intrusion on your property — known as an encroachment — might not bother Be thankful that the neighbor has at least agreed to install a new fence (hopefully better looking) on their land and not on yours. What is on the other side of the property It’s a terribly awkward situation to find yourself in—realizing that your neighbor’s fence is encroaching on your property. For example, if your neighbour removes a hedge and begins to erect a fence on what you believe to be your land, let them know that you suspect this might be in the wrong place. This can happen when a fence is built too close to the neighbors property line, or when a neighbors tree or other landscaping extends beyond the property line. You will have to sue your neighbor for ejectment to force her to move the fence that is encroaching onto your property. Recognizing Signs of Property Encroachment. plants that overhang, cause a nuisance or overshadow property; dangerous plants; plants that interfere substantially with the use and enjoyment of your property. Most involve reasonable and relatively painless compromises, but if all else fails you may have to sue. This can occur when part of their structure or driveway overlaps onto your property. recently a new person bought the property behind me and dug out the boundry posts without my knowledge and Justice Smiles, pllc concentrates on resolving boundary disputes and other issues arising between neighbors. The roof does overhang the boundary by a couple of inches. In a boundary dispute it is always advisable to get a new survey as it is the most current analysis of the property's boundaries, physical features The vines grow over my fence and along the bottom, sometimes into my yard. we would like to reclaim our 1'+ of land, and build a new fence. But this is a bit sketchy unless you're absolutely 100% sure where your property is. The surveyor/s, will then draw up a document detailing the work to be done and setting out details of how and when it is to be done. If you’re not sure where the boundary is. I believe this side of the fence is my neighbour's responsibility to own and maintain. You will need to get a professional analysis of whether you are encroaching on your neighbors' property or vice versa, and find out how long the encroachment has gone on, how much land is being encroached upon, and whether California’s tree laws are based on the principle of “self-help,” which grants homeowners the right to take action to protect their property from encroaching trees. It is important to take proper precautions and seek the advice of an experienced real estate lawyer when needed to protect your property rights. before the electrical utility was privatised For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. So, if in 20 years, the neighbors run to court to claim adverse possession, the original owners will be able to defeat their claim by introducing evidence of the rental agreement and annual payments. My office is in Palm Beach county but I would consider handling your case if you choose to New York City is a metropolis constantly under construction. Only a survey plan prepared by a licensed land surveyor can show you exactly where your property boundaries are located. the shed was there when we purchased our property in 2005, we were not aware of the overhang until we spotted the fence post starting to rot this year and believe that the shed may have been repositioned at some time although we cannot prove this. In some states such as NSW, an owner whose property is encroaching on a neighbours’ could potentially make an adverse possession claim over the land in question if specific requirements are met. Discover how to handle a neighbour trespassing on your property and learn about legal actions, remedies available, and alternative dispute resolution methods. His walkway is on our property, and there is a fence on our side of the walkway. It is in everyone's best interest for neighbours to work together to determine a plan for the tree's upkeep and maintenance. Whether a tree or high hedge has interfered with this right depends on the circumstances. hello all, hope you are all keeping safe and well. From this assumption it appears that my neighbour is encroaching on to my property. Early detection is crucial in addressing property encroachment. Communicate with Your Neighbour: Often, a friendly conversation can resolve the issue without needing to escalate matters. 25 acre (but all the way out, because, well, 0. It comes as a homeowner queried if they can legally remove a fence th IANAL, but generally, adjacent properties are required to provide lateral and subjacent support. Hello: You have a few options. Now the bamboo is leaning over to my detached garage where i have solar. Express Appreciation: Begin by mentioning something positive, perhaps how you enjoy The Code Civil in France lays down the rules relating to trees and other vegetation encroaching on a neighbour’s property In the case of disagreement over exactly where the boundary is concerning tree growth, you can agree between you to have it settled by a surveyor (géomètreexpert), or if you cannot agree this may also be imposed by a “It’s always the same issue: that your fence has encroached on my property,” says Anderson, who practices real estate—“pro- pro- pro-consumer”—as well as civil rights and personal injury law at Guidance to Justice Law Firm in Bothell, Washington. The tree is actually blocking quite a lot of light from my garden, and also my neighbours garden to my other side. The scaffolder might be the one that left the scaffolding up though - and not the neighbour themselves. This breach of property lines can lead to a myriad of You can identify if someone is encroaching on your property by engaging a surveyor or applying for a boundary determination. GeoOttawa shows the backyards to be a straight line, but my back fence doesn’t go back as far as any other neighbors to the sides of me (although I’m not exactly sure how it works with the easement separating the backs of properties). The fence belongs to the neighbour at the back of my property. If you want to put up a wall or a fence. My neighbour started doing some construction and I believe they are building a gravel parking pad about a foot onto my property based on the survey l. As hedges grow in width over time, if you plant one on I have a high voltage power line crossing my property that supplies my neighbours. Disputes over property boundaries Your neighbor might put up a fence right on, or over, the property line. Adverse Possession is the primary legal doctrine used to settle these types of disputes. Check your property survey or hire a professional surveyor if you have any questions. Our neighbours on the other side are currently replacing the fence on 'their' side and paying for it. My Neighbour’s Fence Is On My Land – Move It Or You Might Lose It! Has your neighbour built a fence on your property? If they have, they’re trespassing and you can make them remove it. We actually agree on the property measurements! We both have copies of older surveys. Queensland’s Property Law Act 1974 (‘the Act’) is the legislation covering the issue of land encroachments when disputes arise between property owners. If your property is being encroached on you can seek compensation, a transfer or lease over the We outline the steps you can take to achieve a resolution by claiming the land back or securing appropriate compensation. The trees have grown so very high and need cutting back as they hang Therefore, we would suggest that the seller move or remove the encroaching portion of the fence to avoid being considered in breach of the contract of sale. This can be useful if Moved to Woodstock ON last year, beside trash neighbours. The fence boarding the access way has fallen down and not been repaired so the lady cannot get her wheelie bin through. Whether it's a fence, building, or any other structure that crosses This could involve agreeing on compensation for the encroachment or negotiating the removal or rectification of the encroaching structure. Can you remove the fence? David Clark, a trial lawyer and partner at The Clark Law Office, says, “To put it simply, yes. In most cases you will have the right to remove. Step 1 – Talk to your neighbour about the encroachment. ; Dispute prevention: Property lines provide a clear reference point for determining where one person's property ends and the next one begins. The real property report will show if the fence is encroaching on the neighbours property or not. I've put fencing up as the walls that separate the garden are only about 4ft high but the brambles are coming up My neighbor built a fence that crosses our property line. Neighbours are less likely to get along when tree branches grow too large and cross fences or property lines. E. Being informed aids in maintaining harmonious relationships with neighbours and preserving the legal integrity of one's property. The neighbours themselves are only there occasionally and the garden is completely overgrown with their own shrubs also having grown to engulf the garage on their side and also the roof we have been having to cut back the growth for years to stop it encroaching, the ivy coming form them already damage mums fence which she had to try and replace Dear Client . I got a new survey done which confirms the encroachment. Cost Sharing: If one neighbor builds a fence, the other may be reluctant to share the costs, even though California law generally mandates equal financial responsibility. It is a mid-terraced property with neighbours on both side. Only an experienced, knowledgeable arborist can make that determination. An injunction is a court order that requires the neighboring property owner to remove the encroaching structure or cease the Trees and hedges planted along boundaries can cause disputes between neighbours if: Branches overhang and affect amenity (obstruction and overshadowing); Falling branches can cause damage to fences and buildings; Tree roots can cause damage to paths, buildings and sewer pipes; Trees and branches fall and cause injury to persons; High hedges severely obstruct Common encroaching features are perimeter walls and fences, gate posts and columns. Signs may include fences or structures crossing property boundaries, tree roots damaging your land, or parts of a A lot of this will depend on specific details. or whether a neighbour is encroaching on your land. I recently purchased a house in Ottawa. This. Written Agreements There might For instance, if your neighbor’s fence extends beyond their property line and onto your land, it constitutes encroachment. If a property owner installs a fence completely on their side of the property line, the fence is theirs. In that case, there are options available before taking the case to your lawyer. What should I do if my neighbour’s bamboo is encroaching on my property? If you notice bamboo from your neighbour's property encroaching onto yours, approach them in a friendly and non-confrontational manner and clearly explain how the In addition, neighbours may by agreement or by mistake place structures or fences contrary to the true surveyed boundaries of the land and therefore encroaching onto neighbouring property. 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 About your property boundaries, working out your boundary lines, boundaries and neighbour disputes, agreeing who's responsible for walls and fences The house next door is rented and the access for her is behind my fence in and out of her garden. There are some circumstances when a landowner is without a doubt certain that their neighbor’s fence is encroaching on their property. Fences; Trees; Trees. This article looks at types of land encroachments and how disputes between property Western Australia. You may be able to recover your attorney fees from your neighbor if the Judge agrees that she had no legitamate defence to the lawsuit. The first step is to confirm the location of your property line by commissioning a survey or obtaining an existing survey plan of your property, called a Surveyor’s Real Property Report. ; Zoning and land use: Properties have specific rules regarding building setbacks, easements, and permissible land Land encroachments can present significant challenges for property owners in Queensland. First, though, it’s always best to talk to your neighbour to see if you can agree on a solution. I've checked the plan on the title deeds and I am certain that the fence has been erected one metre over where the boundary should be - but our neighbour won't move it. It provides a statutory framework to resolve disputes that may arise. It’s often said that fences make great “You own the left-hand fence when facing your house. While a fence ideally goes on the property line (allowing both neighbours to share ownership and the cost and maintenance), a hedge is different (as are trees). Discover more answers. When a neighbor's fence encroaches on your property, you have several available choices. I'll check the deeds as ownership of the fence could be more complex than I Similarly, if you are the owner of the property affected by an encroachment of a fence or structure by a neighbour, being aware of how to enforce your rights and the correct boundaries of your property will prevent years of animosity and legal costs. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. When it comes to agriculture land and fences the Neighbour law is regulated by the fencing act 1963. If the parties cannot agree to relocate the fence, the affected neighbour may apply to the Court for an order to remove or alter the fence which adversely impacts their land. Skip to content. When this is the case, you must For example, the neighbor's hedge or fence is encroaching on your property. Encroachments not only take the form of ground structures but can also include a What to do if Neighbour is Encroaching onto Your Land. i built my fencing years ago, leaving a gap of approx 18 inches from the existing concrete boundry posts/chain link fence for maintenance purposes. That bush and another bush is growing up and along our fence. If a neighbor’s tree is causing damage or encroaching on a homeowner’s property, the affected homeowner has the right to take measures to remedy the situation. Although you don’t need their ‘permission,’ it’s a kind gesture that will go a long way. However, by following these steps, you There is no formal law that says there must be a boundary fence between two adjoining properties. The previous owners of my house replaced a length of the fence on the same side approximately one year before we moved. So I paid. In the case of a The fence between the two properties is in a very poor state, so as my daughter has a young child she wanted it repaired / replaced. Depending on the type of fence you have, ensure the focal point in your yard isn't the fence. In Learn how to address a neighbor's fence encroaching on your property, including steps for verification, ownership, and legal considerations. You might need to check your property boundaries if you want to put up a wall or a fence. Attach your survey or plat map highlighting the disputed area. This can become a real issue where one party wants to sell their property. Such encroachments can potentially affect land values and create legal conflicts between neighbours. Remember, any dispute with your neighbours has to be declared when selling your home and could be highly off-putting to a potential So, whether it’s a tree on your property encroaching on a neighbour’s property (or vice-versa), neither party will be able to damage or remove it. Who pays for the fence? In most situations, the neighbours should share the cost of the boundary fence on a building on a 50/50 split basis. Erect a fence that will completely block the ugly one. The new fence is approximately 6 When a neighbour’s tree falls onto your property and causes damage to a fence, shed, or your home, you may be wondering who is liable. If your neighbour’s tree damages your property, he is not automatically liable for fixing the damage. Bigphil1474 Posts: 3,041 Forumite. In many Western Australian council areas, brick and masonry fences require The fence is my fence I will take some measurements and see exactly how much the tree has encroached over the boundary (using the current fence run as a line) and then speak to the neighbours about it. In the 2017/18 financial year, over four thousand people contacted the Legal Services Commission of South Australia enquiry line for advice on fencing and retaining wall placement disputes Taking of property that is Open, Continuous, Exclusive, Adverse and Notorious for a period of 10 years. That is why it is needed in many instances. Or they might build a deck, porch or shed that crosses the line. 25 acre) and permitting said I had to have a proper, legal survey done to validate property line or get sign-off from all neighbors. You have a right to the 'reasonable enjoyment' of your property. How long has the driveway been over the line; how large is the encroachment? The danger you could potentially run into (depending on the amount of time the encroachment has been present, and its size) is that the neighbor could be considered to have adversely possessed your property if the encroachment was considered The first thing you need to know is this: don't break the overhanging roof and throw the piece back Credit: Getty. To help resolve these disputes, it’s important to understand the laws that govern boundary fences in New York. My neighbor and I are friends and recently found out his fence is a foot beyond his property line. The most common form is a fence. I’m writing to Boundary disputes, fence placement and encroachment are hot topics among neighbours of all types, whether in commercial or industrial buildings or your local streets. However, this does not prevent owners from erecting a boundary fence between their respective properties. There have been many cases in BC where pools, patios, decks, walls, buildings, driveways, stairs, septic fields and more have been built on neighbouring land. They will survey or check on your land to determine its boundaries. New buildings are erected, and structures are renovated and remodeled every day. If there are weeds located wholly on your neighbor's property, that's his problem. Trespassing: This is when a neighbor knowingly occupies a Morning all I own my mid terrace home & have a council tenant on one side of the terrace & their garden is horrifically overgrown, they cut the grass once a year & they have a massive bramble bush that is greater than 50% of the size of their rear garden. A common source of disputes between real estate owners comes up when a new structure encroaches onto adjoining property owned [] “Good fences make good neighbours” (wise old proverb) A had been lulled into a false sense of security by an existing fence on the property as to where the property’s boundary was, hence its belief that the incomplete structure was entirely on its own land. These disputes can be a nightmare ordeal for many people for one simple reason: the cost. The best way to avoid a boundary dispute is to talk to your neighbours about any issues as soon as they become apparent. Less outright ones are trees. We carried on and removed old fence and installed new colorbond fence on timber retaining wall. So my neighbor decided about 1-2 years ago to plant single bamboo i believe every 3 feet along my rear fence on his side, well fast forward now and its all full and about 20-25ft tall. If the issue was a neighbor’s fence or a neighbor’s garage that was encroaching on the property being sold, no one would question that the fence or the garage constitutes a defect The Fencing Act 1978 sets out the rights and responsibilities relating to fences between neighbouring properties. If you're completely sure it's on your property, you could just move it. Overhanging tree branches and encroaching roots. ” “The Land Registry title plan lets you scale up to confirm measurements. This includes (but is not limited to) determining what constitutes an adequate fence, the cost of building or repairing a fence, who is responsible for those First is definite - there was a fence was (now removed by me) well within my property. Can I ask our neighbours to remove a fence built on our land? [online] Homes To avoid disputes of this nature, it is a good idea to get a survey of your property before building a new fence, patio or swimming pool or making any other improvements to your yard. Enter your zip code to see attorneys available in The results of the survey show that the fence was built two feet inside of Mary’s property, making the fence an inaccurate representation of the actual boundary between John and Mary’s property. In WA, the Dividing Fences Act 1961 outlines the process for sharing the cost of a dividing fence with your neighbours and how to handle disputes. 3 October 2023 at 7 If a structure on your property is encroaching on an adjacent property you can seek a boundary adjustment, an easement over the property, or, in specific circumstances, make a claim of adverse possession. i have a issue with my neighbours behind my back garden. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. In my opinion, it makes more sense to enter into an agreement where the neighbor agrees: (1) that the fence is on your property and thus it is your fence, which you may replace, (2) that the tank is your neighbor's tank, (3) that the tank is encroaching onto your property, (4) that when the tank is no longer in use it will be removed, or if Summary. With this document, you can check if your A few different types of property encroachment can occur, such as someone building a shed or fence on your land or using it for activities such as parking or gardening. 2. It's not worth a call the city war though. ” “You own the right-hand fence when facing your house. If the property documents or deeds don’t mention fences or barriers, then in general, you can put one up. Recent changes to New York law regarding adverse possession have reinvigorated the de minimus rule, which means that certain minimal encroachments — in some cases, even fences — are insufficiently adverse to trigger adverse possession. These rules apply to using the right to prune overhanging branches today: A neighbour has the right to ‘abate the nuisance’, that is, to prune the New York State Property Fence Laws. Some neighbors may involve a neutral third party such a The applicants sought orders from the LEC for the twice yearly pruning of the Leyland Cypress and a pot of bamboo to a height of 1. Neighbour built fence over the prop line and it’s closes off entry to my backyard. About half the length of the line is shown on my title as an easement. Encroaching wall or structures Ownership rights: Property lines define boundaries and what land owners are responsible for maintaining. A relevant factor will always be whether the encroaching structures comply My Neighbor Built a Fence on my Property. Justice Smiles’ managing attorney Robert WM Zierman has read and spreadsheeted virtually all of Washington States’ recorded Adverse Possession cases. For example, the neighbor's hedge or fence is encroaching on your property. Found out the neighbor's fences (specifically 2 people's, both behind me) were 1' on my Disputes over property lines are common between neighbours over a new fence or an existing structure. Most communities will enforce such a bylaw by sending a notice to the property owner to comply, and if this is not done, the city can go and do the work to bring the property into compliance, and then send the property owner the bill or add this on to the property tax. If you don’t already have them, you can order property documents on the Registers of Scotland website. Call us 0345 314 2044. Add another fence on your side of the boundary line if this is possible. ; If an agreement cannot be reached, a resident can make an application to the Magistrates Court to resolve the issue. Before proceeding, you need to know the exact location of the property line. Check before you build, you'll save yourself a headache later on. Be mindful of this because if you are to cut anything OVER your property boundary, then you will be liable for property damages. the person encroaching could be granted a property easement or title for the Let’s say your neighbor builds a new fence and you realize that it’s encroaching on your property lines. Im in the state of Maryland, I have a neighbor with approximately 4500 square feet of bamboo from an aerial shot I got from Google maps which is damaging my fence and encroaching on my property. However, if you realize that your neighbor has constructed something on your property, or vice versa, it may be a good idea to talk to an attorney to evaluate Speak to your neighbours. Before you can solve the problem, you need to know where the boundary between your homes is. Less common ones include roof eaves, trellises, pipes, etc. My Neighbour Has Built Over My Boundary. Disputes can arise over issues such as fence construction, maintenance, and responsibility for repairs. (Our deeds state we are responsible for the right hand fence, but it is clearly on our neighbours side, and the wall on the left is clearly on ours) 0. When it comes to boundaries, it’s important to be clear about where your Trees and invasive vines encroaching onto neighbouring properties are a frequent cause of disputes between neighbours. Talking with the neighbor for last three months have not helped. Hence I'd say OP is really protecting themselves against the scaffolder (not the neighbour) just deciding to leave the scaffolding in situ as somewhere to store it for free - as they weren't ready to remove it and take it to next location/storage venue. You could show them the survey and ask that they agree the fence does not reflect a true property line and can be removed. I consulted an real estate attorney about whether I can remove/take down the part of the fence that encroaches on my property. ” Firstly, let us begin by destroying some commonly believed myths concerning boundaries. Document the Issue: Take photos and keep records of any damage or issues caused by the gutter problem. The fence has a An encroachment letter can be used to address a wide range of issues, including disputes about trees, fences, structures, or other types of property improvements. Cutting your neighbours tree overhanging your property will first depend on council laws for tree trimming. Understanding the legal aspects of neighbouring encroachments in Ontario, as well as the relevant laws, regulations, and practical solutions can help you protect your property rights and maintain neighbourly relationships. The anonymous parent complained to the Irish Times that their neighbour built a FENCES are a growing source of disputes between neighbours and it can be particularly tricky if one was built behind your back. This shows that they To the best of my knowIedge I own the fence. Unfortunately, property boundary disputes can arise, If a neighbours tree is encroaching on your property—whether it be root or branch—you are legally entitled to cut and remove anything that has passed over the boundary, up until the point where your property ends. I installed a new fence on my property and removed the A part of the fence runs diagonally into my property and encroaches on my property by 5 inches. 4m at one end 10cm at the other end. Or what if they try to take the one that’s encroaching down without fully digging the cemented parts out leaving a mess? Do you want to take them to court over the removal of the Disputes with neighbours - noisy neighbours, barking dogs, statutory nuisances, high hedges, mediation and when your council can step in Resolving neighbour disputes: High hedges, trees and I bought a house recently and have been living in it for the last few months. There's a concrete driveway where his line starts so I Know Your Property Lines Erik Mclean/Pexels. They won't cut it back, or trim it to get the bush off our fence and they aren't willing to work with us. Edit: another thought. Plus Or, if a fence encroaches one neighbours property, they may require the fence to be relocated. I had a surveyor come mark the boundary to be sure. I had the boundary surveyed at my sole cost, then removed the fence. Who has to pay to replace it? The State Bar of Texas created this guide to legal questions from those affected by disasters. Choose a Good Time: Talk to your neighbour at a time that is convenient for both of you, ensuring you won’t be rushed and can discuss the matter calmly. Boundary disputes can be complex and emotionally charged. Speak to your neighbours in the first instance and ask them to reposition the fence in the correct place. If all else fails, before you remove the vines from the fence, contact your local government or even an attorney to gain clarity. . My neighbor sold her house and the new owner wants to put a 4' high line of hedges on the side of the house on his property line all the way out to the sidewalk in front of the house blocking my front lawn from view coming down the block. But there are exceptions. It’s a few inches, but it’s a few inches of which took place on _____ (dates you recorded), your fence crosses over onto my property, cutting off _____ (amount of encroachment) of my yard. City refuses to help. First, make sure you have a full understanding of the cause and nature of the dispute. McNulty, F. The encroaching owner can remove the fence and build it in compliance with where his or her property stops. Smaller scale still smaller, I was putting a fence around my 0. Disputes can be about: branches overhanging your fence; branches or fruit dropping into your yard; roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. License agreement: This documents your willingness to allow the neighbor to keep, for example, their fence on your property. The first stage may have been constructed at a time when formal easements were not required (I. ) This neighbor is now selling the house, and I'd like to force them to fix the fence before they sell so that I'll have good relations with the new neighbor. You could offer to sell them the land or suggest the fence can remain temporarily Under the Property Law Act 1974 (Qld),the minimum compensation to be paid to the adjacent owner in respect of any conveyance, transfer, lease, or grant to the encroaching owner shall, if the encroaching owner satisfies the court that the encroachment was not intentional and did not arise from negligence, be the unimproved capital value of the Part of my fence encroached on my neighbors yard - 2 6' panels to be precise. This will help you to understand whose property the wall or fence is on or whether it’s shared between you. sjanda. The law allows you to cut back any branches or roots from neighbours’ trees that are encroaching on your property. Lawyer. We sent both neighbours a notice to fence through the property managers (acknowledged) No response from either owner. The two entities can discuss a private settlement on issues regarding who will pay for the removal and rebuilding of the structure, etc. I suspect he wanted to pave his property to the fence line to eliminate the need to weed along there, but weeds keep growing under and through the If you’re erecting the fence on your side of the property line, it’s always a good idea to be courteous and let your neighbours know in advance. It can also happen when a neighbor builds a structure on another neighbors property without their permission. Fence posts at either end of the boundary line mark the location of the line. Establishing fence ownership Property deeds for fence ownership. He just thinks property line means where his fence stops. Steps to Resolve Gutter-Related Disputes. Some counties or townships gave setbacks from the property line for things like fences/sheds etc. (2017). Knowing this will clarify whether the tree in question is entirely on their land, yours, or if it straddles the boundary. However, if you do this work, check with city building codes that may limit your ability to install a new fence close to the property line. It’s possible that your neighbor is unaware of the mistake or misunderstanding the property lines. As part of the process we thought it best to replace the old asbestos fencing that was falling down. If a landowner in an obligatory area wishes to animal-proof ( for instance jackal or your instance pig) an existing fence but the neighbour does not agree to do so, the landowner who wants the animal-proof fence will have to carry the full cost, unless the Minister of The aim of the Neighbourhood Disputes about Plants Act 2017 is to resolve common neighbourhood disputes about:. Let’s explore these issues below. What you can & can't do. Open communication is key in such situations What if my neighbour’s boundary hedge is encroaching on my property? In many cases, neighbour disputes can be resolved through open communication and cooperation. Understanding the Boundary Issue in Question. Encroachment Letter Requesting Fence Modification: When the neighbor's fence encroaches partially onto your property, a letter requesting fence modification can be an appropriate approach. Intentionally breaking the branches may constitute a criminal offence. Encroachments cause conflicts between neighbors - affecting the enjoyment of land and potentially resulting in costly legal battles. However, the degree of branch and root removal has to be realistic, and cannot be so excessive as to make the tree unsafe. They can bring a claim for adverse possession especially if you ( or your predecessors) ignored the fence for more than ten years. I assume that the line was built in 2 stages. 2m above the top of the dividing fence on the basis that the trees were severely obstructing sunlight to the windows of the applicants’ dwelling and severely obstructing views from their dwelling. There are two main types of property line disputes: Encroaching: This is when a neighbor builds a structure that crosses over the property line. Chapter 3 is about trees and fences and addresses damaged fences in Question 3-7. The city can require a neighbor to allow you to make changes when the law . I already thought my backyard may go back further than the fences are placed. It can happen to anyone: A property owner installs a fence, plants a hedge, builds a retaining wall, a walkway, driveway, or some other structure only to find they have unintentionally encroached on their neighbor’s adjoining property. And so is the bill for it. Before commencing a claim in the Land and Environment Court a resolution could be reached between the affected neighbours by pursuing a Previous sale agreements for both properties and any plans for your respective homes and gardens that may be attached; Old photographs in which the location of previous fences, hedges or even ditches separating your properties can be seen and against which the location of current boundary features can be compared to see if they have been moved; If my neighbors fence is encroaching on my property can they build a new one on their property without taking the old one down? Yes. In Massachusetts a landowner is ordinarily entitled to mandatory equitable relief to compel removal of a structure significantly encroaching on his land, even though the encroachment was unintentional or negligent and the cost of removal is substantial in comparison to any injury suffered by the owner of the lot upon which the encroachment has taken place. I have realised that on the right side, fence is encroaching by a foot on my side of the garden. Most people aren't sure, just like my neighbours, who use my property daily unfortunately. Wisteria vines grow underground and the closest thing to that bush is my basement wall. Encroachment issues usually surfaces: When a property is surveyed for subdivision or amalgamation; When a property is to be redeveloped Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is Approach them politely and express your concerns about the fence encroaching on your property. The best way to deal with this is to approach your neighbour calmly and politely to discuss the encroachment. In this case, if dirt from your land is moving to his side of the fence because of insufficient lateral or subjacent support (possible if his retaining wall is insufficient), it's the Or you could be in dispute about maintaining a boundary because you can’t agree whose fence is whose. The first thing you can do if your neighbor is encroaching your property is to request a land survey from a professional surveyor. Encroachment, fence and property line ownership can be a complex area, and working with a property lawyer may be necessary. You usually can find the codes by googling "your township zoning fence setback" or something along those lines. Resolving tree disputes between neighbours Another common example is a neighbor’s fence that may have been built on your property line. yrcjb gfpud fepv koabay tikc ghayc uzsg chza nwmkkn ihcdn