Can i take down a fence on my property?

Asked by: Mrs. Summer Denesik DVM
Score: 4.8/5 (37 votes)

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. ... However, a fence that has been installed for that period of time should be more than adequate proof.

How close to my property line can I build a fence?

Check Rules and Regulations

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. ... In cases when a fence is built directly on the property line, the responsibility may be shared between you and your neighbor.

What is a fence encroachment?

An encroachment is an intrusion of a structure, including overhanging structures, onto another person's land. It may include buildings, driveways, eaves and balconies.

How do you tell if a fence is yours or neighbors?

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.

35 related questions found

Is there a time limit on boundary disputes?

If all else fails, and you decide to take legal action about the boundary, please note that there is normally a strict time limit of 12 years within which action can be taken. This is a complex issue and specific advice should be sought from a solicitor.

Can I replace a fence without Neighbours permission?

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.

Who owns the fence at the end of my garden?

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. The stalk of the 'T' will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.

When a fence is damaged who is responsible for repairs?

Natural forces leading to fence damage will generally fall to the landlord to cover the costs of repair or replacement. So, if a fence is damaged following a storm, high winds, a flood or something else along those lines, then you will be responsible for mending it.

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 do I stop Neighbours growing through my fence?

Buy yourself some slates and push them into the ground along the fence line. That should help a bit. Also move some of your plants away from the fence so you can apply weedkiller more easily. I agree with the physical barrier idea - it's really the only way to stop the weeds.

Who gets the good side of the fence?

The finished side should face toward your neighbor. Not only is this more polite, but it's the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Who owns the fence between houses?

There is no general rule about whether you own the fence on the left or the fence on the right of your property.

How long before a boundary becomes legal?

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

How do I settle a property line dispute?

How To Settle Property Line Disputes
  1. Talk To Your Neighbors. This is the first step to take. ...
  2. Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers. ...
  3. Conduct A Title Search. ...
  4. Hire A Land Surveyor. ...
  5. Hire An Attorney.

How do boundary disputes get resolved?

Negotiate directly with the neighbour to achieve a settlement of the dispute that has arisen; or. Agree with the neighbour to enter into a form of Alternative Dispute Resolution (ADR), and in the present conundrum I would recommend Mediation; or.

Is it rude to put up a fence?

They can serve to keep pets in and add a border to the property. Sometimes they are purely an aesthetic choice. So if your neighbor decides to put up a fence where one hadn't previously been, don't just assume that it's to keep you out or that it's an unfriendly gesture. ... Even with the fence, you'll still be neighbors.

Do I have to give Neighbour good side of fence?

If you're the courteous type and enjoy getting along with your neighbours, you might decide to give them the smooth side, but this is far from being an established convention and there's absolutely no obligation to do so.

Can I legally paint my side of Neighbours fence?

Who can paint or otherwise alter a fence once it's up? Only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property. This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it.

Can I throw my Neighbours branches back?

Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. ... any branches, fruit or roots that are removed must be carefully returned to the tree owner unless they agree otherwise. all work must be carried out carefully.

What's the rule for garden fencing?

In your front garden, the garden fence protocol for garden fence height is slightly different, with the maximum height being 1.2 metres. The same rule applies for wanting a taller fence though, want a taller fence = apply for planning permission. Neighbours fence leaning into my garden, HELP!

How do I stop vines from growing on my fence?

Plastic or Tarps. Vines on your fence may be killed by simply blocking the sunlight they need to survive. Use an opaque material, such as heavy black plastic or a tarp, and cover the entire length of the fence where vines are growing.

Can a Neighbour come into my garden?

Generally speaking, your neighbour should not go onto your land without your permission. There are some situations where they may be able to access your land in order to complete repairs to their property, and their right to do this may be set out in the title deeds for the home.

What are the major reasons for boundary disputes?

Territorial disputes are often related to the possession of natural resources such as rivers, fertile farmland, mineral or petroleum resources although the disputes can also be driven by culture, religion, and ethnic nationalism.

How do you establish boundary ownership?

To determine who is responsible for the boundaries the first place that you need to look is the Title Register or if the property is not registered you will need to check the Title Deeds. These will often set out which boundaries specifically you are required to maintain.