In every state a deliberate and knowing encroachment qualifies. We do receive compensation from some affiliate partners whose offers appear here. 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. 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. 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 the possession is with your permission then, by definition, it cannot be hostile. Compensation may impact where offers appear on our site but our editorial opinions are in no way affected by compensation. Q: My neighbor put a new fence 2 feet inside my property May 29. Comprehensive real estate investing service including CRE. Put that request in … If you have any questions, please reach out to us on our contact us page. If so, the encroachment date will not be an issue. To learn more about CafeMedia’s data usage, visit: www.cafemedia.com/publisher-advertising-privacy-policy. Going to court is expensive, worrisome and time-consuming. If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Posted on July 3, 2014 July 16, 2014 by AgentInsure. 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. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic. 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. Put Real Estate’s “Unfair Advantages” to Work for Your Portfolio. 1. But that's only if the neighbors agree. This doesn't mean you should, however. My neighbour has just erected a fence on my land this morning while we were out. What "hostile" means legally differs from state to state. Good fences make good neighbors, but when tree branches extend over those fences—or property lines—neighbors can become grouchy. 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. 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. 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. 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. 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. If your survey shows your neighbor installed his fence 2 feet inside your property line, he is trespassing. Does He Now Own That Land? Speak to your neighbours in the first instance and ask them to reposition the fence in the correct place. Nolo: What Can You Do About a Boundary Dispute With a Neighbor? In some instances, unambiguous markers from an earlier survey establish that. There would now be two fences along the boundary. 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. There is a shared outbuilding between our two houses; it has seperate rooms in it but the overall structure spans both properties. 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). Most involve reasonable and relatively painless compromises, but if all else fails you may have to sue. The possession must be "exclusive and continuous for (some qualifying period of time)." 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 … Establishing the Property Line Before proceeding, you need … FindLaw:Property Boundaries, Lines and Neighbors FAQ, Nolo: http://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. I will answer both ways. 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. 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. These requirements, especially time requirements, vary from state to state. Have your neighbor agree to acknowledge your property right. The fence cannot be on the property line, on a neighbor’s property or on public property (boulevard, right of way, sidewalk area, etc.). 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. Find out more by signing up below. Submitted: 9 years ago. 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. Many homeowners put up fences to get more privacy, keep pets enclosed, and keep wildlife away. If improving your neighbor’s fence isn’t an option, you could install a new fence on your side of the property line. The possession must be "open and notorious." Our team of analysts agrees. If a property owner installs a fence completely on their side of the property line, the fence is theirs. What can I do if my neighbor’s fence is on my property? bobvila.com - Jennifer Noonan. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. If not, you may end up getting several thousand dollars for a foot or two of your property. When a neighbor's fence encroaches on your property, you have several available choices. A firm believer in educating readers without boring them, she … 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. This may motivate your neighbor to agree to the quit claim deed process. There may be a copy accessible through its building or zoning department or through your tax assessor's office. Take pictures of the new fence 2. If the wall is on the right, then you must ask your neighbour. These 10 real estate plays are the best ways to invest in real estate right now. Millionacres does not cover all offers on the market. Learn More.Already a member? Move the Fence. A few states allow any encroachment to qualify as "hostile," without regard to the encroacher's intent. You can also try contacting the real estate lawyer you used to close on your home and see how to access that document. Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house. How To: Plant a Tree. 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. All rights reserved. Act 1996, this does not Your best bet in hunting down your survey is to contact your local government office and ask for advice. 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. Handled correctly, this can be an annual occasion for you and your neighbor to have a cup of coffee together. Again, building an encroaching fence fully qualifies. Generally, each must pay half the cost of building or repairing the fence. I was using 2 feet of the property for 18 years, and now the neighbor … Click to see full answer. You also need to know when the encroachment began. 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. One of the most common ways to establish that you gave your neighbors permission is to have them sign a simple rental agreement. If your border extends out past your fence, you might be concerned about losing part of your land. In these instances, you may be able to find photos that establish when the fence was first built. 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. Still, as the person whose land now has an unwanted fence sitting on it, it can make for a tough situation. Can my Neighbour take down a fence without my permission? 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. Some states allow unintentional or unknowing encroachments to qualify as well. You could offer to sell them the land or suggest the fence can remain temporarily, provided that when it … They might not be aware that the fence they built is on your property. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. Your neighbour’s fence will undoubtedly fall into further disrepair but at least you won’t have to look at it any more. Most involve reasonable and relatively painless compromises, but if all else fails you may have to sue. *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 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. Go about this one the right way, and with any luck, that obtrusive fence will be gone before you know it. It's a somewhat common thing to have happen. If my fence falls on neighbors property and there is damage am I responsible? And so is the bill for it. When a neighbor's fence encroaches on your property, you have several available choices. Boundary Fences A backyard fence that splits the property lines between neighbors is called a boundary fence. The problem is that you may be held responsible for the damages in certain situations when your fence falls. The possession must be "actual." 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. A list of state by state requirements is included in this article's resources section. In order to know if your fence is on your property line, inside your property line, or even on your neighbor’s property (yikes!
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