Do you want to remove your neighbour’s fence on your property but aren’t sure if you can? In this article, you’ll learn how to remove the fence from your property, as well as how to prevent them from building it in the first place. You may have built a great fence on your property and find yourself wondering why you have to keep up someone else’s wall while they are free to build their own at will. Don’t worry!
What can you do if your neighbour’s fence is in disrepair?
No matter if you rent or own your home, the law is on your side if you need to remove the neighbour’s fence. The legal process may be different depending on whether you have an ownership interest in a part of the land adjoining your property, but it doesn’t matter: You can still take responsibility for removing the fence yourself. (Remember that you might be able to seek compensation if a minor part of that fence falls on your property.)
What will happen if you ask nicely first?: Nothing. If you like working with your neighbour, go ahead and talk with him about it—but note that he may not feel obligated to help out.
What can you do if your neighbour’s fence encroaches on your property?
If you want to remove your neighbour’s fence, there are some ways to go about it. Having a conversation with your neighbour will help you find a solution that will suit both parties. You could ask your neighbour if they would be willing to share what they save on materials with you or offer them $200 towards a new fence if they move their existing one off of your property line.
It is time to consider other options, such as consulting an attorney, if you are not able to find a solution on your own. An attorney may help draft a letter offering compensation or provide alternative suggestions based on state laws that pertain to fence removal.
How do you deal with a neighbour’s fence that’s on your property?
At first glance, it might seem pretty straightforward: your neighbour has put a fence on your property. You want it removed; they either won’t do it or don’t have any intention of doing so. So, now what? In any case, you can have the fence removed, as well as some things you can do to prevent a similar incident from ever occurring again.
When dealing with a fence encroachment issue, your first step should be to talk with them about why they put it up in the first place. Even though fences aren’t necessarily illegal, putting one upon an unauthorized property will only cause further problems in the longer run.
If talking with them doesn’t work, and you’re certain that you own all of (or at least part) of your property beyond where their fence is, then filing an encroachment lawsuit against them may be necessary to resolve things. Doing so will ensure that both sides agree as to who owns which parts of each parcel as well as who can build what kind of structures where.
How do you build a fence legally on your property line without infringing on your neighbour’s land?
As part of your property ownership, you have the right to build a fence on your property. This right has all the protections that go along with being an owner. A fence can be built either that extends into (but does not cross over) the grass-covered strip that you have along your property line; for example, if your property line has a strip that is covered by grass, you could build a fence that extends into the grass (but does not cross it).).
If you are constructing fences on boundaries that include trees or shrubs, then you would need to obtain permission from your neighbour before doing so since those boundaries aren’t quite as clear-cut. In addition, it’s important to note that there may be restrictions on how close you can build a fence to your neighbour’s house or other structures.
In short, when building a fence legally, you must consider: How much of my property do I own? Can I build my fence where I want without infringing on my neighbour’s land? What about any covenants or restrictions related to my neighbourhood? If so, can I still build my fence in that area? Will my neighbour sue me if I encroach onto their land while building a fence?
The last question is an important one. Most people are willing to work with their neighbours and will allow some encroachment onto their property to accommodate your desire for privacy. However, if they feel that your encroachment is unreasonable (such as building your entire fence over their shrubs), then they may sue you for damages. Contact colbylegal.com for that.
Conclusion
At face value, it might seem easy to say yes or no to whether you can remove your neighbour’s fence from your property. Before you decide whether your neighbour’s fence should be removed, there are several factors you should consider. You will need to speak with an attorney about your case to figure out how best to proceed. Lawyers can assist you with planning and potential strategies to resolve a fence dispute between neighbours.
