What makes a backyard fence neighbor to neighbor?

A backyard fence that splits the property lines between neighbors is called a boundary fence. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. This means that your neighbor (s) have the same rights to the shared fence as you do.

Where does the fence go on my property?

Their is currently an old fence that runs down the driveway, then does a 90 degree the fence beginsagain but does not ninety back out to the property line, it just goes straight back, sa if the the back edge of the garage is the property line.

How long has my Neighbor had a fence on his property?

When I approached my neighbor about the fence his response was, the fence has probably been there for 40 years and besides I have all my landscaping and sprinklersrs up to the fence. The wrote a letter to my neighbor requesting that we install a new fence on the property line and split the cost.

Why does my Neighbor have a fire pit in his back yard?

Our neighbor across the back fence periodically sets open flame large pit fires in his back yard for recreation. We have a wooden fence separating our properties and a 3 car wooden garage and storage. … read more my downstair neighbor in our apartment has a medical marijuana card.

What happens if your neighbor builds a fence over your property?

Neighbor Built Fence Over the Property Line. Does He Now Own That Land? | Nolo Neighbor Built Fence Over the Property Line. Does He Now Own That Land? The fact that your neighbors are not actively “using” the portion of your land behind their fence would not stop them from asserting an ownership claim based on adverse possession.

What’s the name of the neighbor that pees on your fence?

Today, the neighbor came outside to the side of the house in broad daylight, pulled his penis out and peed on our fence. One minute later 6 children came out to play in the driveway. We will be moving in the next year.

Can a neighbor’s fence be considered hostile encroachment?

In every state a deliberate and knowing encroachment qualifies. Some states allow unintentional or unknowing encroachments to qualify as well. A few states allow any encroachment to qualify as “hostile,” without regard to the encroacher’s intent.

Can a neighbor videotape me in my backyard without my consent?

The neighbour can video tape you in public but not in your backyard. Debra Thal (username) : I would call the police and ask for some assistance. Debra Thal (username) : The police will tell the neighbour not to point his/her camera at your yard.

Can a neighbor have a camera in your yard?

Chances are that your driveway or yard is the collateral background in a legitimate monitoring of your neighbor’s property. Just as the home security camera laws in California says, “There are no restrictions, for a private person to have video surveillance cameras around their property for the purposes of security.”.

Is it illegal to record your neighbor from Your House?

In some states, mere visual recording is not illegal so long as the camera is on your neighbor’s property. In other states, visual recording is acceptable but any audio recording is not. And in other states, all forms of recording might face criminal or civil penalties.

Is it OK to have a fence in your backyard?

Additionally, communicate with your neighbor about your plans. By respecting the boundary fence, you can avoid awkward confrontations and instead nurture healthy relationships with your neighbors. Backyard fences must comply with the rules that apply to them.

Is it illegal for my Neighbor to put stuff on my fence?

If you’re in a situation where neighbors are putting stuff on your fence, you might be wondering what you can do. If the fence is your property, it is illegal for a neighbor to attach something to it without your permission.

Which is the good side of a fence?

A lot of the traditional styles of fencing have a “good side” and an unfinished, or backside. The good side shows the smoother, finished fence while the backside shows the posts. It’s common courtesy in fence etiquette to give your neighbor’s the good side of the fence.

Are there backyard privacy ideas for screening neighbors out?

My house has a small city yard where the neighbors have a clear view into my backyard. One of my top priorities, when I moved in, was to come up with some backyard privacy ideas to screen that view. Using some of these ideas and some backyard shade ideas, I’ve been able to create the secluded secret garden of my dreams.

What’s the best way to keep neighbors away?

Privacy Trees! To keep the pesky neighbors… um I mean animals from our bidness.. Love the idea of the extra hight using beams at the bottom. The sharpest looking Decorative Privacy Fence that will get complements from your neighbors. A beautiful wooden fence design.

Can you remove a neighbor’s fence from your property?

Yes, you can remove the neighbor’s fence that’s on your property, but it’s not the best idea. Consequences of tearing down the neighbor’s fence on your own include: Not getting compensation for the removal

How can I find out if my Neighbor has a fence?

Call your title company and ask if they have a survey of your property on record. If they can’t help, a call to your local city government offices may get your answers. Borrow or rent a metal detector and try to locate the property markers on your own.

Can My Neighbor Park an RV against my fence?

Can my neighbor park an RV against my fence? My neighbor, whos side yard and front yard is against my back yard, has a 12 foot RV backed up 3 inches from my back yard fence. This is in his front yard, off his driveway on an unmarked road.

What’s the best way to put a fence around your house?

They have to live with your choice unless it lowers property values or is dangerous. Put the best face outward: It’s common practice to put the more finished side of your fence facing the street and your neighbor’s yard. Maintain and improve: It’s your responsibility to clean and maintain both sides.

Do you have to pay neighbor for boundary fence?

Some boundary fence statutes appear to be intended only for farmers and ranchers. New York, for example, does not require landowners to pay anything to a neighbor for a boundary fence if the person enclosing has kept no livestock on the property for five years.(17) Minnesota provides town boards with the authority to exempt property when the …

Can a neighbor Sue a property owner over a fence?

Restrictions on the type of material an owner may use and height regulations ensure design consistency throughout the neighborhood. If a property owner’s fence violates a subdivision rule, the homeowners association may ask the owner to make it conform. If the owner refuses, the association or a neighbor can sue to enforce the rules.

How can I get my Neighbor to remove my fence?

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. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor.

Can a neighbor put a fence on your property?

Legally, this is a type of property easement that is earned by regular use of the property. While your neighbor would not gain a legal title to the land or be able to sell it, they may be able to claim a legal right to use the property.

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

No one wants to rebuild their fence or address the issue in court with their neighbors! Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Can a landowner remove a fence from his property?

A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. However, a landowner is not empowered to remove a partition fence without the adjacent landowner’s consent. A partition fence is the joint property of adjacent landowners.

What does it mean to have a boundary fence in your backyard?

Boundary Fences A backyard fence that splits the property lines between neighbors is called a boundary fence. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. This means that your neighbor (s) have the same rights to the shared fence as you do.

Can a fence be used to separate lawns?

A fence isn’t the only way to establish a border. You have various ways to separate adjoined lawns, but division between properties can be a touchy subject. When your grassy area butts up against the neighbor’s, not only do weeds and aggressive grasses begin to intermingle, but lawn mowing, watering and visual attractiveness can become issues.

Where does a fence have to be on a property?

Boundary fences sit on the boundary line between two properties. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Both property owners own the fence erected between the property lines when both use it.

What should I put between my yard and my Neighbor’s?

Herbaceous perennials and ornamental grasses can define a boundary, but trees and shrubs screen views. A white picket fence between yards with a gate covered by an arch of roses signals neighbors who enjoy living in proximity and share interests, but a 6-foot-tall stockade fence reveals a less congenial relationship.

Do you have to have a fence on your property in Florida?

Property owners frequently have questions about “boundary fences,” which are fences built on or near a property line to designate your property from your neighbor’s. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land.

Is it illegal to build a spite fence in Florida?

A boundary fence contract should include: Florida case law also makes it illegal to build a “spite fence” – a fence built for no other purpose than to interfere with a neighbor’s property rights.

What are the rules for a backyard fence?

By respecting the boundary fence, you can avoid awkward confrontations and instead nurture healthy relationships with your neighbors. Backyard fences must comply with the rules that apply to them. State, county, and local laws may dictate specific limitations; however, most often, fences are subject to the rules of the HOA.

Can a neighbor put a fence on your property in Florida?

The state of Florida requires that homeowners understand their boundary lines so they don’t encroach on a neighbor’s property. If your neighbor builds a fence on your property, he’s required to remove the fence and replace it on his property.

Why do you need a privacy fence in Florida?

Privacy fences are a necessary barrier between you and your neighbors. These fences give the owner a way of separating property lines while providing privacy in the owner’s back yard. They also keep potential burglars away from your home and property. Knowing the height and setback rules that Florida law states…

Do I have the legal right to enter my Neighbors yard to?

I bought a home that has had a fence in place for more than 10 years. Had a dispute with neighbor over rotting tree hanging over my house they had to have removed. I have been replacing the panels on my fence, a few on their side they had already allowed me to do prior to dispute. The fence in right on the property line.

Do fences really make good neighbors?

Good fences make good neighbors. Neighbors are best able to maintain positive relationships when they don’t intrude upon or harm each other’s land. Fences, for instance, would contain one’s livestock to one’s own land.

What is the definition of a good neighbor fence?

A Good Neighbor Fence describes a wood privacy fence where the finished side (i.e. the more attractive, smooth side) faces the neighbors property. The homeowner building the fence then has a view of the rails and posts from inside their yard. A Good Neighbor Fence is commonly considered good etiquette, but is not typically a law or requirement.

Do we need to pay for neighbors fence?

However, in most jurisdictions, both property owners must equally pay for and maintain a fence that runs on or close to a property line. This is typically true even if one neighbor made a unilateral decision to erect the fence. The reason both neighbors are on the hook for the cost and maintenance of a partition fence is because it’s assumed that both neighbors benefit from the fence.

What should I do if my Neighbor’s fence is on my property?

Contact a licensed land surveyor. A land surveyer’s services will be needed if the property line is still disputed and an interpretation of old deeds is needed. If your neighbor agrees to move the fence or take it down, a surveyor may still be needed to make sure the property boundaries are clear.

How big is my Neighbor’s fence behind my garage?

If you include the peace between the garage and the property line and the area behind the garage, my neighbor has 2 by 60 feet of my property. I want to tear down the fence behind the garage and put one from the front of the garage straight back to the back of the property line.

What do you need to know about neighbor’s fence?

Before proceeding, you need to know the exact location of the property line. In some instances, unambiguous markers from an earlier survey establish that. In most cases, you’ll need to hire a legally registered surveyor to establish and mark the actual property line. You also need to know when the encroachment began.

How can I Stop my Neighbor from building a fence over my property?

So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments. This shows that they cannot meet the hostility requirement to gain title.

What can you do when your neighbor is on your property?

Here are some available solutions that avoid a legal fight while still protecting your essential property rights. Move the Fence. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. Have your neighbor agree to acknowledge your property right.

Is it legal for my Neighbor to have a gate that leads into?

We just bought a house and our neighbor has a gate in the middle of his fence in the backyard that goes into our yard. He says he put the gate there so he could take his motorcycle out through our yard.

How long do you have to give your neighbor before building a fence?

It requires 30 days’ advance written notice, along with details about the proposed building, maintenance cost, timeline, and design. Whatever you do, it is always good etiquette to speak to your neighbor first. Can Your Neighbor Build a Fence on the Property Line?

How did neighbors make their back yard private?

The neighbors just cemented their whole back yard including the entire back easement. They made it 2 different levels higher than their inground pool giving us all their water on one side of their yard and also it made our 6 foot fence no longer private. How frustrating!! Talking to the city was useless.

Is it illegal to look over your neighbor’s yard?

As long as you are visible from his yard, you likely have no legal basis to claim privacy. In fact, if your “private functions” include activities involving sex or nudity, you may be the one violating various laws.

Is there a fence in my back yard?

True, the fence in the back portion between our properties is aged, however, I have invested in landscaping and have sprinklers that run throughout my side yard. My preference is to replace solely this segment, and will gladly split the costs of installing an appropriate solid wood fence, accordingly.

Is it bad to have a fence around your house?

Once you decide to put up a fence for your house or business, it doesn’t just affect you but your surrounding neighbors as well. Having a fence can prevent problems with neighbors, but it can also sometimes cause issues.

Can you force your neighbor to move their fence?

One thing is for certain: you should avoid tearing it down without their consent. It may seem unfair, but this can result in legal trouble for you (and general bad blood). Whether or not you have any ability to force your neighbor to move their fence can vary from township to township.

What does it mean when someone builds a fence over your property?

In your situation, your neighbors have constructed their fence in the light of day, for anyone to see, and are occupying those three feet of land exclusively. This means that their use of the property probably meets the hostile, open, and exclusive requirements.

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.

How big should a plastic border fence be?

6″ x 360″ Plastic Corrugated Garden Lawn Edge- Flexible DIY Decorative Grass Stop Fence Green Road Plant Palisade Flower Grass Bed Border Landscape Barriers for Pathway Patio Yard Balcony Plant Edging . Need help?

How can I put a fence to my property line?

The Fence Authority provides professional fence installation services as well as materials for building your own fence, and our Outdoor Living Experts will go above and beyond to ensure all your property line questions get answered. call 800-431-4303 or contact us online!

How can I get my Neighbor to pay for my fence?

Then write a demand letter requesting payment from the neighbor. Go to mediation. If state or local laws provide a provision, request a “fence viewer” examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable. Sue the neighbor for reimbursement.

What should I do if someone posts a fence in my yard?

You mention that the fence post is presumably in their property so even butting up to it would be in their yard. You best option is to ask them to join your new fence to it and get a simple contract to protect yourself. Either that or put up all four sides in your property.

Can you put a fence on top of your property line?

Installing a fence directly on top of your property line may appeal to you if you want the maximum area available to play, plant, and relax in your yard. Whether or not doing so is actually a good idea depends on a few factors, including where you live and your neighbor’s feelings on the new fence.

What’s the best way to match up fences?

Also, what is the best way to match up the fences, given the height disparity? A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line. You mention that the fence post is presumably in their property so even butting up to it would be in their yard.

Can you put a fence between your house and your neighbor’s?

When you contract a Colorado Springs fence company to put up a new fence between your house and your neighbor’s, you must make sure that the fence is within local zoning regulations. The fencing contractor must have permits and know the height regulations, setbacks and any other fence restrictions in Colorado. Corner lots even have extra rules.

What’s the best fence for privacy in the backyard?

One grand hedge like this will enhance privacy while also adding some greenery, making it the perfect backyard fencing for anyone wanting to keep things green. On a city balcony with little privacy, add at least an illusion of privacy with a room divider against the section that separates yours from your neighbors.

How does a cedar fence look in the backyard?

The cedar boards in random sizes are stacked together forming a beautiful formation. The fence looks very natural and provides good privacy for you. The huge cedar wood panels are placed on the rustic brick base. This combination creates such a nice earthy style to enhance your outdoor space appearance. The design gives great security and privacy.

What kind of fence board to use for cedar fence?

The design creates almost an identical look on both sides of the fence, created using 1×4 western red cedar p… A board on baton cedar fence adds complete privacy to your yard. Cedar boards expand and contract throughout the seasons, causing some gaps between boards on a standard privacy fence.

Which is the best cedar fence for privacy?

The Hampton II cedar privacy fence, shown from the inside of the yard, is simply gorgeous. The design creates almost an identical look on both sides of the fence, created using 1×4 western red cedar p… A board on baton cedar fence adds complete privacy to your yard.

Can a neighbor have three non-matching fence panels?

A considerate neighbor in this situation would, of course, realize the impact of her decision and consult you on her desire to replace her fence panels. But not all neighbors are considerate people. Your neighbor might not realize the effect that this will have on your house, resulting in three non-matching panels.

Which is better a good side or bad side of a 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.

Where does a boundary fence sit on a property?

If it is a boundary fence it typically sits on the line between the two properties meaning that both property owners jointly own the fence.

What should I do if my Neighbor opposes my fence?

Communicating with your neighbor can help ease the process along. If your neighbor objects to your request, the variance may not be accepted. Perhaps your neighbor is the one pursuing a modification to the boundary fence. If you have an issue with the construction, you can voice your concerns directly to the neighbor or contact your HOA.

Do you have to have a setback for a fence?

Referred to as a setback, fences may be required to be positioned a certain amount of feet from property lines. Consult your plat or property survey to assess where the fence can be constructed. Also, practice proper fence etiquette by making sure the smooth side of the fence faces outward, toward the street and your neighbors.

How far back does a fence have to be from the property line?

Check Rules and Regulations Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Can a neighbor force you to pay for a fence in Ohio?

A decade ago, your neighbor could force you to pay for a fence that you neither wanted nor needed. This is no longer the rule in Ohio. The ” Partition Fence Law ” revision in 2008 sets out new rights and responsibilities for fences that are placed on the division line between properties in Ohio’s unincorporated areas.

What are the types of property not covered by the Ohio line fence law?

The Line Fence Law lists the types of property not covered, including: 1 Lots (property) located in municipalities 2 Fences between lands organized into lots under Ohio subdivision law 3 Fences that are required to be constructed by a railroad 4 Fences subject to a written and recorded land owner agreement

When did the partition fence law change in Ohio?

The ” Partition Fence Law ” revision in 2008 sets out new rights and responsibilities for fences that are placed on the division line between properties in Ohio’s unincorporated areas. The law includes fences that have been considered the division line even if a survey later reveals that the fence was not on the true property line.

What makes a fence an old fence in Ohio?

If there was a previously a fence that has since been taken down, it is generally considered an old fence. Two rules govern these fences: The “Rule of Individual Responsibility” places the construction and maintenance responsibility on the land owner who wants to build the fence.

Can a fence be built on the property line?

In such a case, you may not be allowed to build the fence directly on the property line. You may need to move it back a couple of feet. Getting a survey will help you make sure you know if your fence is on your property line, inside your property line, or even on your neighbor’s property.

When does neighbor’s fence conflict with your property line?

When a neighbor’s fence conflicts with your own design goals or infringes on your property lines, it may begin an ongoing struggle with your neighbors over the proper use of your adjoining outdoor spaces.

Can you build a shed next to a neighbour’s fence?

You can build your shed close to your neighbor’s fence, but do ask for permission and remember to leave a gap between the fence and the shed’s wall. If this is not an option, you can instead use a pressure treated shed to avoid or lessen the damp effects.

What’s the best way to recreate a private backyard?

In my opinion, there are three main ways to recreate a private backyard when it’s being viewed from an area above the first story: Block your neighbor’s view from the property or fence line. Create more privacy around your own outdoor spaces. Convince your neighbor to install privacy screening on their second story deck.

What kind of fence do I need for my yard?

Description Make fencing easy with the Aspen Style 3-Rail Steel Fence Kit, Powder-Coated Black (6.5’W x 5’H). Outdoor fencing is fantastic for yards, creating safe borders, protecting property, encasing gardens or just enhancing privacy, but it’s often a hassle to install.

What are the property line and fence laws in Michigan?

Read on to learn more about property line and fence laws (including tree-trimming rules) in Michigan. Michigan statues contain provisions related to building and maintaining a fence along a property boundary. Statutory law also addresses a neighbor’s right to trim tree branches overhanging property lines.

Is it OK to take down a neighbor’s fence?

You can not take down someone else’s fence, but you can install a fence directly behind it on your property Communicate with your neighbor throughout the process. You will need their cooperation, especially if they have dogs Be sensitive to your neighbors feelings, even if you are paying for the entire new fence Always get a permit.

What should I do if my neighbor wants to stain my fence?

If your neighbor is paying for a portion of the fence, you will want to decide on a stain color together. If they don’t want to stain their side, ask for their reasoning. Leaving their side unstained will leave your fence unprotected. If cost is the reason, you might offer to cover the cost for them in order to protect your investment.

Can a neighbour look over my fence in NSW?

If you can not agree, then a court or land board can make an order about who should pay. Can my neighbour look over my fence? In NSW, there is no legal right to privacy. So if a neighbour can see into your backyard, they are allowed to look at or listen to what is going on.

Can you take down a fence on someone else’s property?

The person whose property the fence is on, owns the fence. You can not take down someone else’s fence, but you can install a fence directly behind it on your property Communicate with your neighbor throughout the process. You will need their cooperation, especially if they have dogs

Is there a privacy fence in my backyard?

So we rounded up seventeen backyard privacy fence ideas that’ll make your home a little safer from intruders and keep that nosy neighbor of yours out of your business (back off, Ronda!). Some are DIY projects, while others may require a little more work and investment, but they’ll all help you maintain good boundaries.

How is my Neighbor’s yard pitched to the right?

You can also see her yard is pitched to the right (to spill onto my yard). There is a large section of the retaining wall missing between the back of the house to the middle of the fence on the left side. Ever since she did her yard this way, my yard is completely flooded.

How to screen out neighbors in your backyard?

The cut-outs add some interest and give her a place for her hanging plants in the summer. In my yard, I used 2” x 2” boards to create a lattice screen (also with cut-outs for hanging plants) around the main lawn area of my yard.

Do you have to share a fence with your neighbor?

However, if you’re living in a typical neighborhood you probably share a fence with your neighbors on all sides of your house or backyard. This means when it comes time to replace your fence it will have to be a group decision. Why Would You Need to Replace a Fence?

When to approach your neighbors to share a boundary fence costs?

The only exception to costs is if a neighbor does not use the fence. In practice it is difficult to see how a neighbor would not use a boundary fence. If the fence is your idea then you will need to approach the neighbors to ask them to share in the costs.

Who is the owner of a shared backyard fence?

Who Owns a Shared Backyard Fence? Typical central Oklahoma suburban neighborhood. If it is a double fence, where each property has a separate fence that abuts the other one, then the answer is clear that you repair your specific fence and the neighbor repairs their side.

Can a neighbor build a fence on your property line?

If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. 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.

When did the neighbor put up the fence?

The old owner had paid and put up a fence. Our neighbor now thinks that since the old owner paid for the fence … read more Lead Attorney Miller Law Of… My property line was set about 32 years ago by the man who developed this track of land.

Which is side of the fence do I own?

If your fence is right on the property line between your neighbor’s property and your property, neither you nor your neighbor owns a side; it’s a shared fence and a shared responsibility. If the fence falls to one side of the property line, it is wholly owned by the property owner whose side it’s on.

Can a neighbor tear down a shared fence?

Chances are, your neighbor will be upset if a fence crew shows up- without any notice- to tear down and replace a fence that they partly own. Talk to your neighbors and see what financial and design agreements you can come to before you make any changes to your shared fence.

Why is my neighbor doesn’t respect the property line?

The neighbor now mows that area of our property, parks his car partially on our property, had his kids play on our property. I mean I live on 1/2 an acre and they neighbor has 3/4 of an acre. Why is my property more appealing?

What can be considered encroachment on a neighbor’s property?

It could be a shed, a driveway or even an entire home. Encroachment could also be when a tree is overhanging on a neighbor’s lawn. According to Quicken Loans, encroachment adversely affects the neighbors’ property because it can impede how they use it.

Is the driveway next to my Neighbor’s property?

My 90 ft driveway is adjacent with a not-so-nice neighbor’s property. Not only does he mow along that strip, he has threatened my son for two years (from age 10-12) that he would “kick his a**” if his ball rolls into his yard (i.e. what is really my yard).

Can a neighbor build over your property line?

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question.

How did I deal with my Neighbor when I moved in?

When I moved in, my neighbor told me that one of those landowners had moved his fence to take four feet of my land before I moved in, and I intended to require him to move it back. To my chagrin, when the property was surveyed, I found that the previous owner of my house had, in fact, taken four feet of my neighbor’s property.

Can a neighbor put a dock on your property?

Perhaps the first owner of your house granted your neighbor access to a dock on your property in perpetuity, or the city has retained an easement to access power lines that run across the back border of your property. If the easement is recorded, you don’t have much recourse.

When do you have to move your neighbor’s fence?

Lead Attorney Miller Law Of… My property line was set about 32 years ago by the man who developed this track of land. My neighbor to the north has had a survey and says that i must now move my fence and 50 Green Giant hedge trees … read more

What happens if one neighbour damages your fence?

If one neighbour wants a higher standard fence than required, then they must pay the additional cost: or If one neighbour damages the fence, they have to pay for the entire costs of restoring it. In most states, the fencing Acts don’t apply to property boundaries adjoining unoccupied Crown land.

How tall does a fence have to be in California?

Property Line and Fence Laws in California. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) that is at least 10 feet high just to annoy you, you can sue them for private nuisance. However, if your issue is more with the height, materials, or aesthetics of your neighbor’s fence,…

Can you sue your neighbor for building a spite fence?

However, this is not an absolute rule and can be rebutted with additional evidence. California also allows you to sue your neighbor if they build a “spite fence” on their property.

Can a neighbor refuse to fix your fence?

Whether your neighbor is refusing to pitch in to repair a dilapidated boundary fence, or you’re worried about the liability of trimming certain trees, it’s vital to be familiar with state law in order to avoid significant civil and even criminal penalties.

Why does my Neighbor not pay for my fence?

The typical neighbor rationalization for not contributing has been that they are happy with the fence, see no reason to repair/replace it, or don’t have the money. Existing California law (Civil Code Section 841) provided that property owners were only responsible for contributing if they were using the fence to enclose their own property.

However, this is not an absolute rule and can be rebutted with additional evidence. California also allows you to sue your neighbor if they build a “spite fence” on their property.

What should I do if my Neighbor has a tree over my fence?

You also have the right to expect that any maintenance he does on his side of the fence does not damage or ultimately destroy the tree. If you know that you have a tree that overhangs a neighbor’s property, approach your neighbor to discuss the matter. Offer to trim the tree branches so they don’t become a nuisance to him.

What should the front side of a fence look like?

Traditional fence etiquette says that the front side of the fence (for example the flat, flush side of the planks or slats of a typical wood fence) should face your neighbor or the street, and the back side (with the posts and horizontal supports, as shown here) should face in toward the fence owner’s property.

How can I choose which side of my fence to share?

Talk to your neighbors and see what financial and design agreements you can come to before you make any changes to your shared fence. They may be willing to split the costs with you, and negotiate which side of the fence faces your property and which side faces theirs.

Can My Neighbor replace our shared fence and require me to?

Can my neighbor replace our shared fence and require me to pay a share? Shared payment for a fence is not required in every situation! Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.

How to file a good neighbor fence case?

When you show up for court be prepared with the pictures, the bids, a copy of your check, and a copy of Code of Civil Procedure section 841. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. The only issue is now you must collect the amount ordered to be paid to you.

Why does my neighbour refuse to fix my fence?

Money could be an issue, or perhaps your neighbour doesn’t have the skills to repair the fence or install a new one. Maybe your gentle hints have simply fallen on deaf ears and they refuse, for whatever reason, to sort the problem out.

Do you know who owns the fence in Your House?

We break it down for you. Fence ownership is a common uncertainty among homeowners. Some people are lucky and don’t have to share theirs with anyone, while others are waging wars with neighbours to settle the questions of “Who owns the fence?” and “Which fence belongs to my property?”.

What makes a Good Fence a good neighbor?

On a more prosaic level, good fences protect privacy and security. Very often they also mark boundaries. Problems can arise when the fence is assumed to be on the property line but turns out to be on the neighbor’s property.

When is a fence on your property considered an encroachment?

Very often they also mark boundaries. Problems can arise when the fence is assumed to be on the property line but turns out to be on the neighbor’s property. That’s an encroachment. A fence on the neighbor’s property is known as a continuing encroachment or nuisance because it’s not a permanent structure, Rubens said.

Why do you need a fence on your property?

Can you put a fence outside your yard?

Clearly, if the property is outside of your fenced yard, it’s likely you are not regularly using it, which is where they may be able to claim prescriptive easement. This can make it difficult if you ever want to move the fence outward.

Can a neighbor paint the backside of your fence?

The fence being on your property supports your argument that technically your neighbor’s actions constitute trespass and conceivably damage to property (whether malicious or not). If your home is in a common development you might consider consulting the governing rules and regs, as to your options (administrative hearing, mediation, etc).

Can a neighbor prevent you from building a Fenc?

The general rule that applies in most jurisdictions is you do not need permission from a neighbor to build a fence on your property. However, if the intended position of your fence strays onto your neighbor’s land, it’s a different story. He would have the right to refuse to allow any part of your fence to touch his land.

Can I stop neighbor from building fence?

If they are not allowed, your neighbor may be required to remove any fence he constructs and pay a fine. Even if fences are allowed in your zone, if your property is located in a historic district there may be additional regulations that apply.

Who owns the fence between neighbors?

Who was the neighbor who shortened his fence?

A California man who was forced to shorten his fence after a neighbor comaplined has exacted his revenge – by setting up a garden party of naked mannequins in full view of next door’s home. Jason Windus, from Santa Rosa, said he built a tall fence to keep his dogs in his yard.

What to do if your neighbor breaks your fence?

Otherwise, you will have to go to court and have a judge order the guy next door – to keep his things next door. Some neighbor disputes have a naturally occurring root – trees. The limbs hang over the fence you built or break and fall into your yard. Maybe the roots are pushing through onto your property.

Do you split the cost of a shared fence?

Usually, neighbors split the cost. We did this at our old house in Texas and split the fees with the adjoining owner, except that we paid a little more to have the ‘nice’ side of the fence. Have you ascertained the fence is actually shared?

Can a neighbor keep a fence over the property line?

Answer. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments.

Can a person build a fence on another property?

A person can’t build a fence on property that’s not theirs — unless they get permission to do so. It is the property owner’s responsibility to ensure they locate the property line accurately. A land survey can help identify the location of a property line.

What can I do about my neighbour’s fence in BC?

Where a fence intrudes onto adjoining property, either neighbour can seek a resolution under BC law. This can be done through an application by petition in BC Supreme Court. This route is generally quicker and cheaper than a full legal action. The entire process can take one or two months between the delivery of materials and the hearing.

Can you buy part of your neighbor’s backyard?

In many cases you can buy part of a neighbor’s backyard, but local zoning regulations will likely prevent purchasing all of it without the house that goes with it. How much you can buy will depend on local minimum lot sizes. With dreams of expanding your domain, read on for more. Can You Buy Your Neighbor’s Backyard?

How to make your backyard the envy of your neighbors?

This offers you a unique opportunity to infuse your garden space with brights shades and hues. You apply block colors or mix it up and paint intricate patterns. So long as each stone is painted as part of an overall vision and theme, you can create a colorful aesthetic that will be the envy of your neighbors.

What happens if I sell part of my land to my Neighbor?

If you’re selling a part of your land, consider what your neighbor might end up doing with the land. It would be unfortunate to sell a chunk of land to a neighbor to make their property large enough to sell to a developer, and you end up with condos behind you instead of open spaces.

Is it possible to buy your neighbor’s yard?

Assume a scenario where your neighbor is never outside, their yard is a mess, completely overgrown, and an eyesore and a waste of space. An enterprising young person might want to buy that up, move the fence up against their neighbor’s wall, and claim the newly resized backyard as their own.

How to spot Bad Neighbors before buying a house?

How to spot them: Before buying a home, listen out for any sign of obnoxious barking within earshot of the house. You may have to walk up and down the street at different times during the day to be sure. The last thing you want is to unknowingly move next door to a group of party hardy neighbors (read: frat house).

How to keep neighbors out of your backyard?

Water deeply and frequently the first year, using drip irrigation. To thrive, these deciduous shrubs require a temperate climate and a homeowner willing to wield sharp shears as often as needed.

Where can I buy a no dig fence?

WamBam sells all of their No-Dig Fence systems direct to homeowners all across America. In addition, you can buy no dig fence for two vinyl styles (Nantucket and Sturbridge) are sold through two resellers – Amazon and Home Depot. Below are the listing for both fences on Amazon.

Because the yard drops off sharply, the fence couldn’t be built on the property line. “I said ‘Mom, you need to get a survey. She said, ‘Oh no.

Can a neighbor be held liable for damage to a tree?

If your tree has not been properly cared for or trimmed and it falls, then you could be held liable for damages. The location and type of fence can cause a problem for you. If you allow a neighbor to add a fence that extends onto your property, you may actually be giving them a license to use your land.

How many times have neighbors called the police?

On the evening I visited, it was quiet, serene, uneventful. But neighbors, and police, know differently. Over the course of many years, the female owner of the home has called police hundreds of times. Her neighbors and passers-by have contacted police too. She claims neighbors are watching and spying on her.

How tall does a fence have to be to be a setback?

Some common guidelines for fences are as follows: Fences may need to abide by a minimum and/or maximum height. For example, your HOA may mandate fences be no less than five feet (5’) tall and no more than six feet (6’) wide. Referred to as a setback, fences may be required to be positioned a certain amount of feet from property lines.

Do you have the right to repair your neighbor’s fence?

Unless you and your neighbor have an agreement about the maintenance of the fence (which would be unusual). You do not have the right to go onto your neighbor’s property to repair the fence. However, on the other hand, they do not have the right to remove panels from your fence.

What to do if your neighbor rips your fence down?

Lastly, you could try to make a claim with your homeowners insurance. Fences that are lost through traumatic events, such as wind storms as opposed to slow deterioration, are typically covered. A neighbor ripping down a fence without your permission seems fairly traumatic to me.

Can a neighbor take up your fence without your permission?

Q: I have a quick question. My neighbor took up my fence and he told me he was going to replace it. He took up my fence without my permission. He actually got the permission of another neighbor, which is my mother’s cousin. My mother’s cousin told him to pull up my fence and that it would be OK.

Do you have to have a fence between your property lines?

Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Both property owners own the fence erected between the property lines when both use it. Every state interprets “use” differently.

Can a neighbor cut down a tree in your yard?

Can I cut tree branches that hang over into my yard? It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor.

When is a fence a nuisance to a neighbor?

Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Under these statutes, the neighbor may sue for its removal. My neighbor’s fence violates a local ordinance.

Can a neighbor cut down weeds on his property?

Normally weeds visible from a public right-of-way are legally declared to be a “nuisance”, which… The general rule about neighbor plants is that you can cut down anything originating on a neighbor’s property that overhangs or grows onto your property as long as you don’t injure the plant, whether you’re trying to save a fence or not.

Is it fair for neighbors to share fence?

Sharing the cost of the fence only seems fair since you will be sharing the fence, and many neighbors are more than willing to contribute, but they are also likely going to want a lot of input on the project.

Which is the pretty side of a fence?

As a general rule of thumb, the “pretty” side of the fence faces outward. The side with the rails and posts will be visible inside your yard, and the smooth side will face your neighbors, the street or the alley. There are several reasons for this:

Is it standard practice to share a fence in Texas?

It’s standard practice in many Texas neighborhoods for neighbors to share fences. In almost every situation you will be sharing your fence with at least one neighbor, but often you’re sharing a fence on both sides of your yard and sometimes you’re even sharing your back fence.

Do you need permission from your neighbor to build a fence?

He holds a Bachelor of Science in environmental legal studies from Missouri State University. The general rule that applies in most jurisdictions is you do not need permission from a neighbor to build a fence on your property. However, if the intended position of your fence strays onto your neighbor’s land, it’s a different story.

How tall does a good neighbor fence have to be?

There are also “good neighbor” fences you can purchase, which are fences that look the same on both sides. Many states, towns, and cities have zoning regulations regarding fences. For example, you might not be able to build a fence that is higher than 10 feet.

How tall is our next door neighbor’s fence?

Our next-door neighbor then built a 6-foot-tall privacy fence adjacent to the property line, about 12 inches into his property. The land between the fences is mostly our neighbor’s property (approx. 12 inches wide and 100 feet long).

Is there a fence between my driveway and my neighbours driveway?

I am looking to build a fence between my and my neighbours driveway. There is currently no fence, and due to disputes with neighbours am wanting to seperate the driveways.

What can I use as a border for my driveway?

Paving or edging stones, frequently used to circle garden beds and border pathways, make for a good decorative border. Your driveway may not need to be ripped up if it is concrete, as the edging stones can be laid directly over the top of existing concrete.

Is there a place to get wrought iron fence?

If you’re looking for more of a custom look, we also offer custom iron fencing, custom iron walk gates and custom iron driveway gates. Let us put our 25 years of experience to work for you!

Do you put rails on the outside of your fence?

There are several reasons for this: If your fence faces a street, it will look much better with the smooth side out. Putting the rails on the outside of the fence would make it easy for people to climb up and over. This would be a major safety concern. Giving your neighbors the pretty side of the fence is considered good etiquette.

Can a wrought iron fence be used as a border?

This fencing is an excellent reproduction of an authentic wrought iron fence. It looks great as an accent in any lawn or garden. Simply tap each fencing piece into the ground to create a lovely border for any landscaped area.

How big is a wrought iron garden fence?

This metal fence comes in a simple but yet tasteful style which decorate your garden or walkway. The vinyl rustproof coated garden wire fence is welded with thick wires and it is an architectural structure that is durable and sturdy. Decorative garden fence, the size of a single panel is 24″H x 24″W, a total of 4 panels.

Can a wrought iron fence be used in a flower bed?

Just interlocked with the ring on the side for each panel.Multiple Functional: A multiple-use fence for garden, yard, path way for flower bed, vegetables, landscapes, ect. Protect your children, or your animals. Limit them to running around This garden fence is made with a sturdy welding process and protects your flower bed.

Can a neighbor damage my fence without my permission?

No, it is definitely not acceptable that the neighbor or his children has engaged in willful property damage. In fact the fence is owned by you and they have damaged it without your permission (I am assuming that you did not give them permission to use it for soccer practice), then you have a cause of action against them for trespass to property.

Can a neighbor split the cost of a fence?

Neighbor laws in many areas state that in the event of a discrepancy, the cost is split. If you want the fence, however, and want to cover the full cost, you can. A neighbor who’s resistant about a fence may simply not be able to afford his half of the venture.

Is there a way to connect two fences?

There are ways to connect two fences, but you should always check with your neighbor first. When connecting to a neighbor’s fence, be sure you’re following proper fence etiquette, respecting property lines, and considering local regulations. Don’t want to do it yourself?

If it is a boundary fence it typically sits on the line between the two properties meaning that both property owners jointly own the fence.

What are the different types of neighbor encroachments?

Encroachment occurs when a person (usually a neighbor) builds on or uses your land and attempts to claim ownership. Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.

Can a misplaced fence cause a boundary dispute?

Over the Line: Misplaced fences, roads and other boundary disputes. There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for landowners.

Is there a law about boundary line fences in Texas?

Texas does not have a specific law that addresses boundary line fences. Cities or property owner associations will often try to regulate things such as fence height but for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement.

Can a person build a fence on a property line?

There are, however, many jurisdictions that allow you to build a fence on the property line. For example, California law presumes joint ownership of a fence that’s built on a property line since both owners derive benefits from it.