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In many states, before someone can install a fence, the city or county must review and issue a permit. If you can prove the neighbor installed the fence on your property without your permission, the court should be able to issue an order forcing the fence to be removed.
Can my Neighbour remove fence between our properties?
Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. You can’t make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.
How close to the property line can I build a fence?
How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you’ll have to cooperate with your neighbor and potentially share the cost of the fence.
Can a Neighbour claim your land?
any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.
Can you remove encroaching fence?
If any part of the fence that he built encroaches on your property, then you can require him to remove it. If he refuses, you can sue, and you will win the suit.
What is the law on fencing boundaries?
Obligation to fence one’s land. We are all accustomed to seeing fences around fields and around the gardens of individual houses. So it may come as a surprise to learn that there is no general obligation in law to fence the boundaries of one’s land.
Can I put a fence up next to my Neighbours?
You always have the option of installing your own fence next to your neighbors’. This could be the easiest way to make your yard’s appearance more uniform, especially if looking at different heights of fence on all sides of your property, day in and day out, is keeping you up at night.
Do I need a permit to put a fence around my yard?
A privacy fence in your backyard will often not require a permit unless it is to be over 6 feet tall, depending on where you live, while the cut-off for the same type of fence in your front yard may be just 3.5 feet.
Can I put a fence up in front of my Neighbours fence?
If your fence is set within your boundary, which a lot of people do as then they do not have to ask their neighbors for permission to erect a fence, then your neighbors should not have attached their fence to yours as the fence front and back completely belongs to you.
Can I erect a fence on my boundary?
If it’s within their property boundary, your neighbour has every right to do whatever they want, including installing a fence. However, the situation is a bit different in terms of height. Generally, if you desire to install a fence in your rear garden it mustn’t be higher than 2 metres.
How long do you have to use land before it becomes yours?
Our adverse possession checklist provides some practical points to consider. Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.
What are the 4 types of boundary disputes?
Broadly speaking, the majority of these disputes can be broken down into four categories: Lot line disputes. Fence, landscaping, and outbuilding disputes. Access disputes. Adverse possession claims.
Does my Neighbour have to maintain his fence?
You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to.
Who owns fences on property?
Contrary to popular belief, there’s no rule that says the fences on the left side of your home belong to you.. The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for any T-mark to the boundaries.
How do you write an encroachment letter?
Write the Letter Describe the violation. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.
Can I remove fence on my land?
To avoid this, give them notice that they are encroaching on your land and — if you are prepared to consent to it — provide your consent but reserve the right to terminate it at any time and require the fence to be repositioned on the original boundary.
How high can my Neighbours fence be?
The laws actually state that a fence can be as high as 100 meters. However, this is only allowed if proper planning permits have been obtained. This means that any fence under 2 meters in height does not require a permit. This simple law has a few complications to it.
How do you know who is responsible for a boundary fence?
Title plans are one of the best ways to see which fence belongs to your property. Title plans may feature a ‘T’ mark showing many of your property’s boundaries, and who is responsible for maintaining them. A T mark on one side of the boundary indicates that the person on that side is responsible for the fence.
How do you know who is responsible for a fence?
As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours.
What happens if you don’t like your neighbors fence?
If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. However, you can be right and still have to pay for the whole fence. This is if you don’t take the proper steps leading up to the construction of the fence.
How close to my property line can I build?
The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 – 10 feet, while the front and back require around 10 – 20 feet at a minimum.
