Can I Remove Neighbors Fence On My Property?

Can I remove Neighbours fence on my property?

If your neighbour owns the fence and it is on their property, then they can take away the wall.

If your not happy with this decision then you are more than welcome to erect your fence on your boundary!.

Can a neighbor take your property?

In NSW, adverse possession may be claimed by an encroaching owner if they have occupied the encroached land for 12 years or more and have satisfied the requirements under the RP Act. However, this is a very technical area of law and care must be taken to understand your rights.

How can I stop a property encroachment?

The remedies which are available to you if anyone trespasses or encroaches upon your property are to get an injunction order for stopping that person from making any encroachment or trespassing upon your property, and you can also claim for the damages which you have suffered due to that encroachment or trespass.

Will a land survey hold up in court?

MYTH 1: Land surveys aren’t necessary if you can find the survey stakes. … Plus, your findings wouldn’t hold up in court, while a licensed land surveyor’s would.

What can you do if your neighbor encroaches on your property?

Dealing with a Property Line Dispute: Don’t Fence Me In (or Out)Stay civil. Don’t use this disagreement to vent months or years of anger at your neighbor. … Hire a surveyor. … Check your community’s laws. … Try to reach a neighbor-to-neighbor agreement. … Use a mediator. … Have your attorney send a letter. … File a lawsuit.

How do you know if a fence is yours or your neighbors?

Determine ownership by occupancy if the fence lies between or directly on the property line. Whoever uses the land up to the fence is considered the owner. If you have grass and mow the area directly up against the fence but your neighbor allows the weeds to grow on his/her side, then you own the fence by occupancy.

Can I legally paint my side of Neighbours fence?

Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. You can’t make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.

How can you tell who is responsible for a fence?

Title Plans A T mark on one side of the boundary indicates that the person on that side is responsible for the fence. If there’s a T on both sides of the boundary, this is called a party boundary, which means both you and your neighbour are responsible for it.

How do you get rid of encroachment?

3 Best Ways to Handle EncroachmentsA Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. … Talk it Over and Offer Concessions. … Bring on a Neutral Third Party. … Hire a Qualified Estate Attorney.

How can I legally deal with bad neighbors?

Here’s the best way to be a good neighbor and deal with a bad one.Get to know each other. … Head off problems before they’re problems. … Document the problem. … Talk it out. … Look for advice or solace online. … Check with other neighbors. … See if anyone else will side with you. … Talk to a lawyer.More items…•

Do I have to tell my neighbor im putting up a fence?

Provided your fence is definitely within your property lines and complies with neighborhood regulations, you may not actually be required to talk to your neighbors about it. Still, it’s common courtesy to ask—and it could save you future legal trouble if it turns out your neighbor wants to dispute your fence.

Can my neighbor make me move my fence?

California also allows you to sue your neighbor if they build a “spite fence” on their property. 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.

Is a fence an encroachment?

An encroachment occurs when your neighbor intrudes on or over land with some kind of a structure, such as a fence or a deck that veers across the boundary line. Even if you personally don’t mind about the encroachment, it’s important to at least acknowledge its existence for when you sell the home.

Can I remove encroachment?

If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed.

Can I put a sign in my yard about my neighbor?

You can absolutely put a sign in your yard about your neighbor without any issues in most cases. However, if you live in a community with a Homeowners Association, this may be considered harassment and you could be fined for violating HOA rules.