My neighbors fence is located on my property by 1.5′ at one end and 1′ at the other. What can I do to reclaim the land that is mine?
If the fence is wood or a light structure (not solid concrete, stone or brick) and does not have engineered footings, you can pay to move the fence at your expense. Cut the posts above ground level and add new steel posts extending 2′ into the ground.
If the fence requires replacing, both neighbors are liable to share the expenses 50/50 and the new fence can be located directly on the boundary. If you are on speaking terms with your neighbor then all you need is an agreement. If your neighbor is not on speaking terms, the house is tenanted or your neighbor is a commercial business send them a letter stating your intentions and their responsibilities. Example Letters.
If your fence is a solid masonry structure please contact your local county office for assistance.
In simple, the answer is NO. Sometimes it is not possible to place a fence on the exact boundary. Such an example would be where a cliff face separates the two properties. You need to provide a fence at the top of the cliff regardless of whether that is on the boundary or not. View www.alldayfencing.com/adfcouncil.php for more information.
If the fence is not on the boundary, who owns it?
As discussed above a fence does not have to be located exactly on the boundary, however the fence is still a boundary fence and is accepted by both neighbors as the boundary of their properties. Therefore if the fence required replacement both neighbors still equally share the cost of replacing a similar fence.
For the reason above it is not required that the fence line be surveyed if both neighbors are in agreement as to the location. If your home has just been built and no fences currently exist a survey is recommended and may be part of the development/building application. If you are constructing a concrete, stone or brick fence this must be approved by your local county office prior to construction.
I want to build a brick fence and my neighbor wants a less expensive timber fence. What can I do and who should pay?
If you prefer a more expensive fencing, unless your neighbor is in agreement, they are only liable for half the cost of replacing a similar fence. You would have to pay the difference.
How should I approach my fencing repairs when my neighbor is an apartment block / commercial building?
For dealings with property managers or private companies it is crucial that they are informed prior during and after the course of the job. The most appropriate method is to send written correspondence prior to proceeding with any works. Your letter should state your intentions and their responsibilities regarding access and payment. Download our collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Cut and paste the required letters and send as needed. Letters to serve your neighbors includes legal advice for the correct follow-up procedure to ensure you are reimbursed the costs you are owed and avoid costly neighbor disputes.
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