These laws take two forms, called open range and closed range. These can be more explicit than the statutes, for instance, apportioning the building costs between owners. If your neighbour pays for a fence that he erects on his own land even if he builds the fence so that the outer face of it, as seen from his land, runs along the boundary then he is entitled to choose the style and colour of the fence, as well as whether he places the smooth side of the fence to face in towards his own house or out to face your house. If some are able to remain in pots you can always take them if you elect to move. The result was a barbed wire fence at the back of a yard occupied by a family with children. Still, your local council usually sets out the regulations for height and width of common boundary features that separate two adjacent properties. All it takes in most circumstances is a phone call to the appropriate office - usually the planning or zoning department or the city attorney's office.
See Chapter 15 for more on small claims court. Laws that affect fences may be found in the zoning ordinances, building codes and also under miscellaneous rules. It was much easier to argue that the fence had stood in its present position for more than twelve years and that any land that fell inside the fence but outside of the true position of the legal boundary must now belong to he who had exclusively enjoyed the use of the disputed land for a period of at least twelve years. My neighbour is in the process of erecting his new fence, and he has started putting it up so that the smooth side faces towards his own house. I offered to pay half towards it but she declined. The neighbor who is in violation of an ordinance will be given a written notification of violation and asked to conform. In a suburb where back yards are neatly separated by fences, when a new neighbor encloses a yard using the fences already there, if the statutes are followed, the new neighbor buys in.
If a fence post requires a footing, for example of concrete, to secure it into the ground then it is normal to allow the footing to lie partly beneath the adjoining land. Regards none of the above if in your deeds to the property they say he owns the fence then the rails face him if in the deeds it says you own the fence then the rails face you and if its not a fence with rails and a wayeny panel instead then the side with no bottom batton is the good side or even easyer way around is to copy your old fence and if you have destroyed it already look back on some old garden pics many thanks dan depends i am a bulder and my naighbour told me the same just to piss him off still put the nice side on my side. He then takes down the rotten fence, and he ensures that his elderly neighbour understands that the new fence neither stands upon the pensioner's land nor is it the new fence the pensioner's property. A dilapidated fence can violate more than a blighted property law if it poses a risk of harm. It is a gesture of goodwill to do this and unless your neighbour is willing to pay half the costs they have no say.
Stephanie builds her five-foot fence, legally. The man had to cut them. Also, end-house homeowners may be responsible for both of their boundary fences — the left and the right one. It is tempting to deduce that two faces of the terminal post each stand against a boundary, as shown by the red dashed lines. This information is simply not always available. Do you live in a subdivision governed by a homeowners' association? As a general rule, fences in back gardens should not be higher than 2 metres. This case, a spite fence case, was more complicated than just a question of the fence being ugly.
What are the implications for his kindness in so doing? Before the association brings a lawsuit, it usually tries a number of less drastic tactics to get the owner to come around. As long as you know where you stand with your neighbours regarding fence ownership or maintenance responsibility, as well as understand your local planning policy, in terms of height and width requirements for boundary features, you have the freedom to build, replace or enhance your garden fixture without breaching any rules. And of course, if you need professional assistance with your , you can always entrust the Fantastic landscaping experts anytime. For example, two property owners could agree that a boundary fence is to be the responsibility of only one of them, or that its ownership is to be shared unequally. There is no general rule about whether you are responsible for the boundary fence on the left or right or rear of the property.
When your neighbor's property is sold, you will need an agreement with the new owner, or the statutes will dictate ownership of the fence between you and the new neighbor. The Land Registry plan will only show general boundaries of the property. But such covenants do not necessarily confirm ownership of the boundary. Someone who doesn't put up a fence cannot, legally, blame a neighbor whose animals damage the unfenced property. The reason for this is that if force is exerted from the outside, whoever or whatever is pushing, is not only pushing agains the fence panels, but the rails, and posts.
The state laws requiring a neighbor to pay for an existing fence are actually almost never enforced in urban areas because of tradition, implied agreements and because most people are probably unaware of them. I have never interpreted that the rights to the fence have passed to me, as the new tenant. Jenny wants to simply unroll some chicken-wire and hold it up with a few posts. Please contact me so that we may proceed. Of course he will be able to analyse the tree rings and determine the dates during which the tree from whose wood the fence was made was growing, but this is not the same as determining the date on which the fence was erected. Unless they are made part of the public land records possible in a very few states , when a new owner comes in, the old agreement is no longer in force.
I recommend it not only to those interested in rural fence laws, but to anyone who seeks to understand behavior between neighbors. Shame is, council will never agree they said it was your responsibility, or, at best, claim they were 'mistaken. . They were originally installed by a licensed surveyor when the property lines were drawn. If the city decides that the variance is justified, it will grant it. There is a fee payable for each document of £3.