You don't have any right or obligation to rebuild the fence on his property. If your neighbor puts his property up for sale before you sell yours, he'll probably find that his realtor will advise him that the dispute diminishes the value of his property far more than the loss of the disputed land. Doing this can save you a lot of time and energy, debating with your next-door neighbour in the future. The only home improvement newsletter you will ever need! Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. We want to install a new fence along the boundary – are we allowed to remove the wall in order to do this? The question I have is can my neighbor come on my side of his fence and do maintenance or repairs anytime he wants on my property Thanks. Although fence issues may feel petty they impact property rights, which are incredibly important. Can he? A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed. I was using 2 feet of the property for 18 years, and now the neighbor … I have a surveyor coming Monday to find out my property line. Write a letter to the neighbor explaining the problem with the fence. I have a fence between my yard and neighbor. We marked the line with timbers. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Like we talked about earlier in the article, if your neighbour is the legal owner of the fence, you can’t make them do practically anything to improve the state of the wall. It is his fence, so he's entitled to the pieces. Still, we strongly advise you to seek the advice of a professional solicitor. Then this article will help shed some light on the issue. Don’t do any changes to the other homeowner’s side without their permission. A partition fence is a fence on or very close to the boundary line separating adjoining properties. The neighbor may be unaware of the ordinance, so it is important to tell the neighbor of the violation. However, your neighbor could become involved if putting up a fence means replacing part of the boundary for their property. There is nothing to stop you pulling it out and leaving it on your neighbour's land. Below, you can find information about what you can and can’t do to a fence in different ownership scenarios. Do not, for example, try to tear down the fence yourself. A landowner has a right to erect a fence or other structure even if it obstructs a neighbor's view, lights, or air. This isn’t our first problem we have had. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Please note that we do not provide individual legal opinion as we are not qualified to do so. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Do I have to pay for the fence? The city will send a written notification to the neighbor and request conformance. As far as staying on your lawn while working on your side of the fence, you’d better take it up with your local council. Can my neighbour put up a fence without my permission? If you need information about how to find your local council, you can go on GOV.UK. Their sudden fence project may hinge more on the issue of notice than anything else. Speak to your neighbours in the first instance and ask them to reposition the fence in the correct place. They might have this request because of safety reasons. Consequently, when a fence needs repair, both property owners must share the cost. There is no law that requires him or her to paint it, for example. You may choose to sue the neighbor in small claims court for the loss of enjoyment of your property, but this will not result in the removal of the fence. About 4 years ago, the neighbours built a wall along part of the boundary (the previous owner wasn’t happy with what they built). Leaves, pods, acorns and the like falling onto your property are considered a natural occurrence and are the property owner's responsibility to clear away. Of course, there is always the case that you are dealing with an extremely stubborn person. A good way to go about this is to look for the house deeds of your property that also contain a plan of the land. If it's been less than 10 years, then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition. Who is responsible for the maintenance of a fence between two properties? Purchase the plans from the Land Registry, garden it mustn’t be higher than 2 metres, How to Soundproof Your Garden from Traffic Noise. I have written up a letter informing him that the fence is over the property line and going to give him a copy of the report. It can really muddy the waters when you go to seek recourse – courts really don’t like it when people try to take the law into their own hands, and two wrongs don’t make a right. Talk to a real estate attorney about seeking a judgment confirming the boundary lines and easement rights and ordering your neighbor to remove the fence. Another way to put an end to the problem that is worth trying is to contact a solicitor. A fence built on the property line belongs to both property owners. If the tree is on a boundary, most states will not allow either party to destroy it. However, i… My neighbour has erected a fence exactly on the border, with half the fence on my side. If the neighbor refuses to conform, the city can issue a fine and sue for compliance. I have a land survey document that confirms this. Then write a demand letter requesting payment from the neighbor. If the state of the fence is so bad that it poses a health risk, you can point this out to your neighbour. It might even be possible to recover some of the legal costs, and this way, you'll get a legal adjudication you can rely on. The survey showed the land is ours. Also, if your neighbour is asking you to fix your fence, check it. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. If you have some issue about what a neighbour or some other person has done and you feel you have been wronged, please, talk to the person to see if you can remedy the situation and if this fails, then, you should consult a solicitor. Perform maintenance repairs last updated December 06, 2019 against the neighbor refuses conform. 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