the cost for replacing the fence with a new fence; the cost of returning the property to the condition it was in before the damage; or. Your Get free, zero-commitment quotes from pro contractors near you. The plaintiff must prove the defendants negligence by a preponderance of evidence[iv]. Resolving conflicts involving trees on properties. If they are demanding pay for removing a fence then as soon as it is gone they will demand payment for the replacement. Your neighbor cant tamper with your boundary fence unless they have a legal right to do so. Other places may view the fence as the joint property of both neighbors. As I left for work this morning, he handed me a builders business card and said his builder is starting work today, and will be taking down the fence. Please get in contact with us either by calling the number below or emailing us. Yes, you can remove the neighbor's fence that's on your property, but it's not the best idea. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. And make sure the fence height is allowed in your neighborhood. In some areas, the fence remains the property of whomever paid to install and maintain it. Spite Fences: . So, be sure to check your local laws for more information. Re: Encroachment of [fence/hedge/other encroachment] onmy land. That will only escalate the situation. You could hit it with some restoring wash and then stain it and it would look almost new. Plus, they can sue if your fence is too high. My neighbour doesn't want me to remove diseased trees on my land Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. Communicatingvia letter, also provides both parties with a written record of the dispute. Moreover, the court can award punitive damages for wrongful destruction or removal of a fence. My neighbor was sweet though and we were able to let it go for almost a year until we had some extra cash to go half-sies and get it replaced. That placement gives your lawn a sleek appearance and better curb appeal. We will pay for the fence and retain ownership, responsibilities for repair etc. to order the adjacent owner to remove a fence which prevents him from using a road which provides access to the property. 1927). I am keen to resolve this issue amicably and as quickly as possible. My neighbour's fence blew down into my garden and they haven't removed Causing permanent damage to your property. First of all, establish who is responsible for the fence on theboundary in question. For example, in California, the fence law states that if a neighbor wants to put up a fence, the fence must remain on their side of the property line. Can a neighbor remove and replace the boundary line fence - Quora The same holds true for fence maintenance and repairs. jobs, The public authority is empowered to remove fences encroaching a public street or highway[ii]. Fences. And they can also sue you if you dont take it down when they ask. Stop fussing with the neighbors over the boundary fence. feedback. Old boundary fence becomes legal? 100% positive If the boundary fence lies directly on the property line, then both parties are responsible for the fence, Responsibility can be assigned to only one party if there is a signed written agreement between both neighbors, One party is not allowed to remove or change the look of the fence without the permission of the other party, Causing permanent damage to your property and possibly your neighbors, Risking potential violent behavior from your neighbor.