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If no permit was issued, you will have to hire an attorney and take the neighbor to court on a trespassing charge. 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.
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 my Neighbour put up 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. Generally, if you desire to install a fence in your rear garden it mustn’t be higher than 2 metres. Jan 9, 2019.
What can I do if my Neighbour builds on my land?
Step 1 – Talk to your neighbour. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. Step 2 – Talk to a property disputes expert. Step 3 – Expert opinion or mediation. Step 4 – Think about court proceedings or making a reference to the Land Registry.
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.
What can I do if my Neighbour won’t repair his fence?
If the fence is in such a state that it presents a danger and the neighbour refuses to make any repairs, you can report the problem to your local council. The council can take enforcement action to force the neighbour to put matters right, but this is a time-consuming process that can take months or even 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.
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.
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.
How close to my 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 my Neighbour screw things to my fence?
If the attachment is on his/her side of the fence, then yes your neighbor may attach something, as long as that something does not damage your side of the fence. Commonly, fences are built along property lines. On one side of the fence is your property, while the other side is on your neighbor’s property.
How close to my fence can my Neighbour build?
As a rule of thumb, a build that reaches 7.2 feet is considered acceptable and anything over that we do recommend speaking to your neighbour.
Do I have to allow my Neighbour access to my property?
Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour’s land without their permission, you are trespassing.
How do I prove encroachment?
To prove encroachment it is necessary to prove title of land and map for the alleged encroachment (cause of action ). While proving title of land, most of times the defendant simply denies the title without specific denial. Section 110 of The Evidence Act, speaks that, Possession is prima facie proof of ownership.
What constitutes a boundary dispute?
A boundary dispute is a dispute that arises between owners or occupiers of neighbouring properties. Sometimes, but not always a boundary dispute will arise when one party constructs a fence, wall or building in a position which highlights that the two neighbours have different views as to where the boundary lies.
Are you allowed to put spikes on your fence?
People considering various perimeter security solutions to bolster security around their homes and work premises often ask: Are anti climb spikes legal? The answer to this question is: yes they are – but you need to use them in accordance with the law.
How do you know who owns the fence?
Typically, you can guess who owns a fence by seeing where the rails are, with the fence typically facing away from their property so that their neighbour gets the ‘good’ side of the fence. This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.
How do you win a boundary dispute?
How to win a boundary dispute Try to resolve the dispute amicably where possible. Make sure you obtain Legal Expense Insurance. Collect the evidence quickly. Find a decent expert – not just your local surveyor. That expert will need your title deeds. Speak to family, friends, previous owners and neighbours.
