Can you take down a boundary fence?

The answer to this question relies entirely on who legally owns the offending fence. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence.

Can a fence be over a boundary line?

fence or posts should always be placed against the boundary (not over it). If your fencing needs any type of footing to secure it, the footing is allowed to be partly beneath your neighbour’s land. According to the Party Wall etc. Act 1996, this does not constitute encroachment. This is a common problem.

Can a fence be built on a neighbour’s land?

Furthermore, the judge found that fences erected right on the boundary must to some degree encroach on the neighbour’s land and that any encroachment is prohibited unless the neighbour consents or the court permits the encroachment.

Why did Ngai Tahu need to build boundary fence?

Ngai Tahu is developing a residential subdivision in Christchurch. It wished to build a fence along the boundary with one its neighbours – the Gosneys. In fact, the Christchurch District Plan required Ngai Tahu to build the fence as a condition of the subdivision.

What do you need to know about the fencing Act?

(The Fencing Act is concerned with boundary fences and the liability of adjoining owners to contribute to the construction and repair of fences.)

Do you have to have a boundary fence?

Installing and/or Maintaining Boundary Fences on Residential and Commercial Land in a Legally Compliant Manner. Don’t Get Fenced In. If you are like me or my wife, prior to purchasing real estate, you checked the fence line to ensure it was in good working order.

When to cut back partition fence in Iowa?

The statute provides that if a partition fence is a hedge, the owner must trim or cut it back twice during each year, the first time during June and the last time during September, to within 5 feet from the ground, unless the owners otherwise agree in writing. Such a writing, to be valid, must be filed with and recorded by the township clerk.

Can a partition fence be put on adjacent land?

Thus, it is not a required method of allocation. A person building the partition fence may lay it upon the line between the person and the adjacent owners and has the right to remove it as if it were wholly on his own land. [vi] This means that an adjacent landowner won’t be trespassing if entitled to remove the fence.

Can a property owner split the cost of a fence?

The property owner typically bears the cost for a fence installed within the boundaries of their commercial or residential real estate. Sometimes costs are split for a fence along boundary lines shared between neighbors.