closeboard panel fencing, post and wire fencing or trellis panels: the outermost part of your fence or posts should always be placed against the boundary (not over it). 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. In a few instances, the encroachment may have been long-standing. Take pictures of the new fence 2. The qualifying period differs from state to state, but this is the requirement that undoes many adverse possession claims, because contrary to some popularly held opinion, the qualifying period in most states ranges from a minimum of 10 to 20 years. Who has to pay to replace it? An FAQ page from TexasLawHelp.org that discusses neighbor fences and whose responsibility it may be to repair. When a neighbor's fence encroaches on your property, you have several available choices. If you can prove to your neighbor that his or her fence has landed on your property and that neighbor refuses to move or tear it down, you may have no choice but to contact a lawyer -- unless there's some way for your town to intervene, which there may not be. 1. Still, as the person whose land now has an unwanted fence sitting on it, it can make for a tough situation. How to Take Property by Adverse Possession. If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. When this reality sinks in, your neighbor may finally agree to one of the compromises you've offered. Good fences make good neighbors, but when tree branches extend over those fences—or property lines—neighbors can become grouchy. Building an encroaching fence fully qualifies. As long as you’re within your lot, your neighbor has no say in what type of fencing you install. There may be a copy accessible through its building or zoning department or through your tax assessor's office. In order to know if your fence is on your property line, inside your property line, or even on your neighbor’s property (yikes! Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. "Good fences make good neighbors," according to a famous Robert Frost poem. You can unsubscribe at any time. Offer to sell your neighbor the encroaching area. Before you get into any legal disputes, you should know what your options are and if … Minnesota's laws also provide for local enforcement and for the establishment of fence viewers that administer and enforce the law. If your border extends out past your fence, you might be concerned about losing part of your land. But that's only if the neighbors agree. To learn more about CafeMedia’s data usage, visit: www.cafemedia.com/publisher-advertising-privacy-policy. This article was written by Legal Beagle staff. If a property owner installs a fence completely on their side of the property line, the fence is theirs. Plant a tree in celebration of Arbor Day. Put that request in writing, and give your neighbor a chance to address it. I was using 2 feet of the property for 18 years, and now the neighbor … The deed to your home may describe where your property line lies, but if you want to be absolutely sure of where it is, access a copy of your land survey. If so, the encroachment date will not be an issue. You also need to know when the encroachment began. Comprehensive real estate investing service including CRE. Some states allow unintentional or unknowing encroachments to qualify as well. In addition, under the Exclusions from Coverage portion of your policy, at Paragraph 3, your neighbor’s newer fence that runs into the northwest corner of your garage, blocking your access to the strip of land, was erected while you lived on your property and after the Policy was issued. If a property dispute arises, it can be a delicate matter. In a previous article, we went into depth regarding the CA Good Neighbor Law, which centered around the topic of who is financially responsible for a division fence.The article was a huge success and has helped thousands of homeowners struggling with fence disputes since it … In doing so, you may wind up having to compensate your neighbor. It is your responsibility to know where your property line is, so make sure you have the property markers located before you install your fence. If the wall is on the right, then you must ask your neighbour. This may motivate your neighbor to agree to the quit claim deed process. But if it’s only a few inches or feet, try not to stress about it. Again, building an encroaching fence fully qualifies. Sending an annual written demand for removal of the encroaching fence prevents the encroachment from qualifying for adverse possession, which must be "unopposed." Minnesota's partition fence laws apply when neighbors disagree on issues such as the need for a fence and the appropriate division of the costs of constructing, repairing, and maintaining a fence. Find out more by signing up below. If your survey offers proof that your neighbor's fence was actually erected on your property, you have every right to ask for that portion of the fence to be moved. Nolo: Neighbor Built Fence Over the Property Line. If the possession is with your permission then, by definition, it cannot be hostile. [Updated: Sep 11, 2020 By signing up to be a member of Real Estate Winners, you’ll get access to our 10 best ideas and new investment ideas every month. If your fencing needs any type of footing to secure it, the footing is allowed to be partly beneath your neighbour’s land. May I remove the material off my land and place it on theirs? You'll still be able to sell your property with its actual property lines, he'll still have use of the encroaching foot or two and neither of you will have to hire a lawyer. by. Boundary Fences A backyard fence that splits the property lines between neighbors is called a boundary fence. Problems arise when you believe that a neighbor has built a fence on your land, thus reducing the size of the property available to you. Before proceeding, you need to know the exact location of the property line. The possession must be "open and notorious." An attorney can advise you of what legal action to take, and if the matter ends up going to court, rest assured that if you have proof that the fence in question is on your property, there's a good chance your neighbor will be forced to remove it -- and possibly cover some or all of your legal fees as well. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. Be prepared to share your survey with your neighbor to back up your claim. Strategies that might work the best include: Discussing the matter with the neighbor—The best way of dealing with any neighbor-related issue is talking to them. In these instances, you may be able to find photos that establish when the fence was first built. The possession must be "exclusive and continuous for (some qualifying period of time)." Planting a seedling is a little different than planting a larger, more substantial tree, but here are some … In many instances, the encroachment may be recent, which is why you're now concerned. Click to see full answer. As home improvement season kicks into high gear, fences can be a tricky subject -- especially if one neighbor wants a fence and the other doesn't. Learn More. Either camera can be either placed on a wall or placed inside your own property facing your garden. Your best bet in hunting down your survey is to contact your local government office and ask for advice. Neighbors have damaged fences by getting careless with riding mowers, by draping wet laundry over fences, causing water damage, by piling wet soil onto the ground on their side of the fence to plant flowers, only to rot the boards. Many homeowners put up fences to get more privacy, keep pets enclosed, and keep wildlife away. These requirements, especially time requirements, vary from state to state. Handled correctly, this can be an annual occasion for you and your neighbor to have a cup of coffee together. Unless it's quite clear that the property in dispute qualifies for adverse possession, which is unlikely, your neighbor's lawyer may persuade him to agree to compromise. Here are some available solutions that avoid a legal fight while still protecting your essential property rights. When that happens, your first response may be to sue your neighbor and get justice. Does He Now Own That Land? If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. What "hostile" means legally differs from state to state. A few states, California among them, allow a shorter period, but with that shorter qualifying period add other necessary qualifications, such as the payment of taxes on the property or the presentation of a valid deed, both of which usually disqualify an encroaching fence. Here's how to handle it. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Maurie Backman has been writing about personal finance for years. Once you determine that the neighbor’s fence is on your land, it’s time to do something about it. Can my Neighbour take down a fence without my permission? And so is the bill for it. This doesn't mean you should, however. If not, these usually cost $500 to $1000 from a qualified surveyor. A few states allow any encroachment to qualify as "hostile," without regard to the encroacher's intent. Along with this, it's wise to agree on some nominal annual rent – a dollar is quite acceptable – your neighbor will pay you for the right to use the property from the encroaching fence line back to the legal boundary between the properties. Go about this one the right way, and with any luck, that obtrusive fence will be gone before you know it. The possession must be "actual." Don't Offend Your Neighbors. One of the most common ways to establish that you gave your neighbors permission is to have them sign a simple rental agreement. Resolving the dispute by compromise is almost always a better solution. Let us help you navigate this asset class by signing up for our comprehensive real estate investing guide. A list of state by state requirements is included in this article's resources section. Generally, each must pay half the cost of building or repairing the fence. What can I do if my neighbor’s fence is on my property? There is a shared outbuilding between our two houses; it has seperate rooms in it but the overall structure spans both properties. Having a neighbor’s tree fall on your property can cause serious damage to your fence or house. Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house. It's a somewhat common thing to have happen. Learn more.Already a member? If improving your neighbor’s fence isn’t an option, you could install a new fence on your side of the property line. But the essential requirements in nearly every state are these: In some exceptional cases, all these qualifications may be met; even so there are other solutions, summarized below. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Neighbor disputes are never fun to deal with. Put Real Estate’s “Unfair Advantages” to Work for Your Portfolio. If, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Having a fence appear on your property can make you angry, and understandably so, but don't make the mistake of ripping down or damaging that fence while the matter is up for debate. Property lines can get muddled, and often, a homeowner will encroach on a neighbor's property not intentionally, but due to a simple misunderstanding. I have a land survey document that confirms this. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence encroaches. We’ve seen neighboring dogs damaging fences and neighboring … Your neighbour’s fence will undoubtedly fall into further disrepair but at least you won’t have to look at it any more. bobvila.com - Jennifer Noonan. If your neighbour has built a fence on your land and you’d like to discuss it you can call me now on 020 7842 1452. Move the Fence. In this case, you can add to that the possibility that you will have begun an uncomfortable and unfriendly relationship with an immediate neighbor that could diminish your quality of life for years to come. You can also try contacting the real estate lawyer you used to close on your home and see how to access that document. ), you’ll need a survey. There would now be two fences along the boundary. In some instances, unambiguous markers from an earlier survey establish that. This is where establishing when it began becomes important because eventually any unopposed encroachment entitles the encroaching party to claim a right of adverse possession. Sign in here. There are a variety of situations that can cause your fence to fall into your neighbor’s yard. A firm believer in educating readers without boring them, she … Have your neighbor agree to acknowledge your property right. © 2018 - 2021 The Motley Fool, LLC. www.cafemedia.com/publisher-advertising-privacy-policy, Extensively researched articles in the areas of Real Estate Taxes, REITs, CREs, Regulation A and Often, homeowners are barred from constructing a fence all the way up against their property line to prevent scenarios like this, where a fence accidentally crosses that line. https://dnpgatsbywp.kinsta.cloud/learn/neighbor-encroaching-on-my-property Boundary Rules And Neighbour Disputes Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! As an example, imagine that you own a piece of property which happens to be seperated on one side by a fence errected by your neighbor Chad. The second solution, of course, is that you engage a lawyer and file suit. They have refused to. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 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. Learn More.Already a member? If your neighbor is reluctant to sign a quitclaim deed, you can offer to split the cost of a real estate appraisal if he'll agree to buy the property at its appraised value. If your survey shows your neighbor installed his fence 2 feet inside your property line, he is trespassing. The purpose of a survey is to establish property boundaries, so it's the best way to determine whether your neighbor has actually taken up some of your land, and also, the easiest way to prove it. ] Mar 31, 2020 The fence cannot be on the property line, on a neighbor’s property or on public property (boulevard, right of way, sidewalk area, etc.). Alternatively, email me at: ian@propertydisputes.co.uk Or complete a Free Online Enquiry I’ll get in touch as soon as I can for a chat about your legal rights and options. In most cases, an encroaching fence won't qualify, which means that you can demand that your neighbor move the fence and that if he refuses you can take her to court where you'll likely prevail. Q: My neighbor put a new fence 2 feet inside my property May 29. If you can prove that your neighbor violated that rule, you may have some recourse. Real Estate 101. To get evidence of your neighbour trespassing on your land to give to the Police, you should install a Nest Outdoor Camera or a Ring Outdoor Camera from the back of your property that covers your garden. Even if you can't find evidence of the date of initial encroachment, you can take some comfort in the fact that if you eventually go to court over this issue, it becomes the encroacher's responsibility to establish an initial encroachment date that justifies the claim of adverse possession, not yours to prove that it does not. If you share a majority, or even just a part of, your fence with another homeowner, your backyard fence is subject to more than only your own control. Access to timely real estate stock ideas and Top Ten recommendations. Texas Removal Fence Statute. Compensation may impact where offers appear on our site but our editorial opinions are in no way affected by compensation. Your home is a major investment, both financially and emotionally. Establishing the Property Line Before proceeding, you need … For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. In most cases, you'll need to hire a legally registered surveyor to establish and mark the actual property line. Read More: How to Write an Encroachment Notice. Submitted: 9 years ago. They might not be aware that the fence they built is on your property. But what happens when your neighbor puts up a fence that ends up on your property? This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. You should first take any pictures and start building a case if the dispute ends up in court. This means that you can have a boundary fence, which is positioned on your neighbour’s land. If you have any questions, please reach out to us on our contact us page. These 10 real estate plays are the best ways to invest in real estate right now. If not, you may end up getting several thousand dollars for a foot or two of your property. Millionacres does not cover all offers on the market. Speak to your neighbours in the first instance and ask them to reposition the fence in the correct place. In every state a deliberate and knowing encroachment qualifies. Act 1996, this does not My neighbor's fence is on my property - I had the land surveyed to prove it and I sent a letter along with a copy of the survey and asked the neighbor to move the fence. You could offer to sell them the land or suggest the fence can remain temporarily, provided that when it … According to the Party Wall etc. If your survey offers proof that your neighbor's fence was actually erected on your property, you have every right to ask for that portion of the fence to be moved. The law of adverse possession entitles a trespasser on property to claim and then own that property if certain conditions are met. Please read our Privacy Statement and Terms & Conditions. Our team of analysts agrees. FindLaw:Property Boundaries, Lines and Neighbors FAQ, Nolo: http://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html. When a neighbor's fence encroaches on your property, you have several available choices. Get our 43-Page Guide to Real Estate Investing Today! How To: Plant a Tree. If you have additional questions about a fence issue between you and your neighbor, or if you want to discuss your legal options, please contact us at (770) 933-9009. For instance, there are also cases with semi-detached houses where the boundary house wall is also a party wall but it actually stands entirely on one of the property and it’s not part of the legal boundary between the two gardens. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. My neighbour has just erected a fence on my land this morning while we were out. Find out how you can get started with Real Estate Winners by clicking here. Nolo: What Can You Do About a Boundary Dispute With a Neighbor? *By submitting your email you consent to us keeping you informed about updates to our website and about other products and services that we think might interest you. If you have discovered a fence you believe to be on your property then you will need to dispute the claims made by your neighbour. Going to court is expensive, worrisome and time-consuming. Sign in here. The fence between my property and my neighbor’s property is down. There's a very small sketch of what it looks like here: The possession must be "hostile." If your neighbor won't agree to any of the compromises you've offered, you still have two choices: The first is simply that you accept the fact that your neighbor can be a bit of a jerk and move on with your life. The problem is that you may be held responsible for the damages in certain situations when your fence falls. All rights reserved. Our commitment to you is complete honesty: we will never allow affiliate partner relationships to influence our opinion of offers that appear on this site. If my fence falls on neighbors property and there is damage am I responsible? Real estate has long been the go-to investment for those looking to build long-term wealth for generations. Posted on July 3, 2014 July 16, 2014 by AgentInsure.