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Can I Remove A Fence On My Property. Other areas will allow you to go right up to the property line. You can only do this if your neighbour says you can. Is it legal for you to do so. Well strictly speaking if the fence has encroached on your land then you have a common law.
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In respect to this can I take down a boundary fence. Generally speaking if he is not responding to your requests to take the fence that is on your property down then yes you can remove the fence. Now here is my concern. There are rules on where a fence can be placed. 1 When any person has built or builds by mistake and in good faith a fence on the land of another such person or the successor in interest of the person may within one year from the time of discovering the mistake go upon the land of the other. If a fence encroaches significantly on someone elses land for many years this can actually become the new legal property line in some cases.
Please remove this fence from said property within 10 days from the above date.
Generally this is when your neighbour will remove the fence or double down and a court case will be noted. However an individual cannot remove or destroy a fence on another individuals land without hisher consent. Make sure you keep all land documents surveyor reports pictures and even dates of any discussions with your neighbour. A fence cannot be on the property line because the property line has no physical width but a fence does. Generally this is when your neighbour will remove the fence or double down and a court case will be noted. There is nothing to stop you pulling it out and leaving it on your neighbours land.
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If its been less than 10 years then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition. This unplanned change in property line is unlikely in a subdivision where property descriptions on deeds simply state Lot 23 in the NewHaven Subdivision Plat A. It would be difficult for a landlord to sue a tenant in court and tell the judge I am suing the tenant because they took their own fence with them when they moved. If you can prove to your neighbor that his or her fence has landed on your property and that neighbor refuses to move or tear it down you may have no choice but to contact a lawyer – unless. This situation requires the help of a lawyer and the courts.
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Your solicitor will note the FACTS and correspond with your neighbours on your behalf. There is nothing to stop you pulling it out and leaving it on your neighbours land. How long has the fence been erected on your property. You can also sue him for trespass. In fact the only time when a fence is allowed to encroach on your property is when the fence has been there for a long time usually ten or more years.
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A hedge planted on the legal boundary may be regarded as a party fencehedge and therefore cannot be removed without your neighbours consent. How long has the fence been erected on your property. A hedge planted on the legal boundary may be regarded as a party fencehedge and therefore cannot be removed without your neighbours consent. Sending an annual written demand for removal of the encroaching fence prevents the encroachment from qualifying for adverse possession which must be unopposed If your neighbor puts his property up for sale before you sell yours hell 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. Oldkyman Jul 14 2012 1.
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If portions of the fence lie on both sides of the line it would be an encroachment into your property. The answer to this question relies entirely on who legally owns the offending fence. It would be difficult for a landlord to sue a tenant in court and tell the judge I am suing the tenant because they took their own fence with them when they moved. When this reality sinks in your neighbor may finally agree to one of the. It sounds like you will gain a few feet of the garden if they have erected a fence.
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There is something under the law that is known as adverse possession where a person makes a claim to anothers property by physically. There is something under the law that is known as adverse possession where a person makes a claim to anothers property by physically. You can remove the fence between your properties there is no law to have a fence. The fence is yours However the right to remove is related to whether there were citycounty permits required to install it and whether there are property separation requirements. A hedge planted on the legal boundary may be regarded as a party fencehedge and therefore cannot be removed without your neighbours consent.
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Please remove this fence from said property within 10 days from the above date. It sounds like you will gain a few feet of the garden if they have erected a fence. ORS 96060 partially addresses this issue. Make sure you keep all land documents surveyor reports pictures and even dates of any discussions with your neighbour. You can only do this if your neighbour says you can.
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There are rules on where a fence can be placed. In respect to this can I take down a boundary fence. You can remove the fence between your properties there is no law to have a fence. ORS 96060 partially addresses this issue. A person is liable for removing destroying or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liablei.
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Your solicitor will note the FACTS and correspond with your neighbours on your behalf. 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. Generally this is when your neighbour will remove the fence or double down and a court case will be noted. You can also sue him for trespass. But I would confirm with the council beforehand.
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Second police usually will not get involved in fence disputes even if you have already asked the neighbor to remove the fence. There are rules on where a fence can be placed. You can only do this if your neighbour says you can. Such person is considered a tortfeasor. Jul 14 2012 2.
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I hope this issue is resolved quickly for you and your. It would be difficult for a landlord to sue a tenant in court and tell the judge I am suing the tenant because they took their own fence with them when they moved. A You can remove the hedge if it is on your side of your property title boundary ie the legal boundary between the two properties. Other areas will allow you to go right up to the property line. But I would confirm with the council beforehand.
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Thank you BLA BLA BLA oldkyman Jul 14 2012. You should write a letter to the council explaining your situation and why the gap has become an issue for you and your family. Obviously you can remove the fence being pedantic for a moment. In respect to this can I take down a boundary fence. Now here is my concern.
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Please remove this fence from said property within 10 days from the above date. The fence is yours However the right to remove is related to whether there were citycounty permits required to install it and whether there are property separation requirements. Now here is my concern. Make sure you keep all land documents surveyor reports pictures and even dates of any discussions with your neighbour. If its been less than 10 years then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition.
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Now here is my concern. 1 When any person has built or builds by mistake and in good faith a fence on the land of another such person or the successor in interest of the person may within one year from the time of discovering the mistake go upon the land of the other. However an individual cannot remove or destroy a fence on another individuals land without hisher consent. If however you are the fence owner then nobody aside from yourself has the right to do anything whatsoever to your fence without your. A fence cannot be on the property line because the property line has no physical width but a fence does.
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Army judge Super Moderator. Sending an annual written demand for removal of the encroaching fence prevents the encroachment from qualifying for adverse possession which must be unopposed If your neighbor puts his property up for sale before you sell yours hell 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. Your solicitor will note the FACTS and correspond with your neighbours on your behalf. It is his fence so hes entitled to the pieces. There is something under the law that is known as adverse possession where a person makes a claim to anothers property by physically.
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Generally speaking if he is not responding to your requests to take the fence that is on your property down then yes you can remove the fence. In fact the only time when a fence is allowed to encroach on your property is when the fence has been there for a long time usually ten or more years. You can remove the fence between your properties there is no law to have a fence. Obviously you can remove the fence being pedantic for a moment. A property owner can build a fence anywhere on their side of the dividing line between two properties also called the property lineIf a property owner wants to put a fence right along the property line they can do so only if the owner of the adjacent property agrees.
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Yes unless the tenant agreed to relinquish ownership of the fence to the landlord it remains their personal property but they could be held liable for any damages in removing it. If however you are the fence owner then nobody aside from yourself has the right to do anything whatsoever to your fence without your. In fact the only time when a fence is allowed to encroach on your property is when the fence has been there for a long time usually ten or more years. How long has the fence been erected on your property. Can a neighbour remove a fence between our properties.
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1 When any person has built or builds by mistake and in good faith a fence on the land of another such person or the successor in interest of the person may within one year from the time of discovering the mistake go upon the land of the other. ORS 96060 partially addresses this issue. If the fence is not removed it will be considered abandoned refuge and removed. You can only do this if your neighbour says you can. A You can remove the hedge if it is on your side of your property title boundary ie the legal boundary between the two properties.
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Sending an annual written demand for removal of the encroaching fence prevents the encroachment from qualifying for adverse possession which must be unopposed If your neighbor puts his property up for sale before you sell yours hell 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. It would be difficult for a landlord to sue a tenant in court and tell the judge I am suing the tenant because they took their own fence with them when they moved. These are all the things that will conclude the court case ruling. A person is liable for removing destroying or injuring a fence belonging to another person just as one who commits such acts against any kind of property belonging to another is liablei. Is it legal for you to do so.
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