what attorney category deals with mutual fence property issues

Who owns the fence between the property lines?

A real property lawyer can assist in these situations and help determine your rights in the case of a fence dispute. The help of a real property attorney can protect your property rights and defend your property. Lawyer Referral Service: If you are dealing with a fence dispute, call Attorney Search Network today for a lawyer referral. We can provide you with a real property lawyer that has …

Who pays for a fence between two California properties?

Fence laws are those laws that govern the construction and appearance of fences. They may apply to residential fences, commercial fences, or natural fences. In many cases, fence construction may also involve zoning ordinances, setback ordinances, and variance issues.

Who is responsible for replacing a fence between a neighbor’s property?

Sep 07, 2018 · Fences on Boundary Lines. Unless property owners agree otherwise, fences on a boundary line belong to both owners. Good neighbors should agree to split the cost of the repair of fences or common boundary walls. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission.

How to avoid a fence property line dispute?

Dec 27, 2019 · Generally, neighbors are equally responsible for maintaining and repairing their common fence or wall. However, if it can be shown that one neighbor is more responsible for injury to the structure than the other, that person may be liable for the damage. In a perfect situation, neighbors will be able to recognize the mutual benefit of paying to ...

What are the 4 types of boundary disputes?

What are the 4 types of boundary disputes?Plot line & party wall disputes.Fence, landscaping and outbuilding disputes.Access disputes.Adverse possession claims.May 24, 2021

How do you settle a boundary dispute?

A dispute can be settled by simply talking to your neighbour about your intentions as they too may be affected by your plans, and you need to ensure your building work remains within your boundaries and on your land. You should maintain these boundaries and clearly define them.May 19, 2017

What is boundary dispute?

noun. dispute between neighbours about the boundary between their properties. They became involved in a boundary dispute about an 18-inch plot of land.

How do I claim adverse possession in NY?

For one, in New York for a party to make an adverse possession claim they must make open and notorious use of the property for 10 continuous years. Obviously, somebody using a private garden courtyard as though it were their own would likely be challenged before they could make any claim to it.

How do you deal with a Neighbour dispute over boundaries?

If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.Feb 15, 2018

Who settles boundary disputes?

Mediation is where a neutral third party, trained in dealing with difficult discussions between two opposing sides, helps the parties to negotiate and reach a settlement. It can often be arranged very quickly and parties can attend on their own or with any adviser or with friends for support.

What types of conflicts cause boundary disputes?

Many root causes of boundary disputes exist, including natural or manmade changes in land features or formations, conflicting legal descriptions in the deeds to adjoining properties, contradictory or confusing language within the same deed, inconsistent or inaccurate surveys, mistakes in official plats, or other human ...

What is an Allocational boundary?

An allocational boundary dispute is a dispute over the right to resources. An allocational dispute arises from both natural resources, such as water from a common source, and commercial resources, such as oil from beneath bordering land.

What is an example of a boundary dispute?

Examples of a boundary dispute Overhanging foliage. Disagreements over boundary lines. Fence / hedge / wall maintenance. Overhanging house extensions.

How many years is adverse possession in NY?

ten yearsNew York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title.Sep 15, 2017

What are the four elements of adverse possession?

The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.”Jun 4, 2020

How long does adverse possession take in NY?

ten yearsAs stated above, adverse possession generally takes ten years to take effect. However, walls encroaching over the property line by six inches or less, if the wall is part of a building, will accrue adverse possession much faster.Feb 9, 2020

What is Zoning?

Zoning is a system that classifies parcels of privately owned real estate. Municipalities, cities, counties, and states use zoning to classify property according to its use.

What are Setback Ordinances?

A setback ordinance is a property law that governs property boundary lines. The minimum distance from a property line that a structure may be built is a setback. These distances are usually regulated by zoning laws and restrictions maintained by local municipal governments.

What is a Variance?

Variances are deviations from zoning requirements that are in place. Property owners can request variances in some cases. If a variance is granted, it permits a landowner to use their land in a manner that is not normally permitted by an ordinance.

What Issues are Governed by Fence Laws?

There are some general issues that are controlled by fence laws. These may include:

What are the Typical Height Restrictions on Most Constructed Fences?

The typical height restrictions on most constructed fences will vary by jurisdiction, and even neighborhood. In most residential areas, a constructed fence may be six feet high in the back yard and four feet high in the front yard.

What are the Typical Height Restrictions on Most Natural Fences?

A natural fence, if mentioned in a local ordinance, is typically required to be between five and eight feet in height. Whether or not a fence is considered a natural fence depends on the language of the local ordinance and what is characterized as a natural fence.

Should I Be Aware of Any Other Issues Concerning Fence Height?

A property owner can request a variance that allows a fence height to be higher than permitted. If an individual is concerned whether their property or their neighbor’s property has a variance, they may consult their local municipality.

How tall is a fence?

Material used, and. Appearance. Residents of subdivisions are often subject to even stricter homeowners' association restrictions concerning fences. In residential areas, local rules typically restrict backyard fences to a height of six feet, and front yard fences to a height of four feet.

Can you remove a fence without permission?

Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. In the event that trees hang over the fence, most states agree that the property owner may cut tree limbs and remove roots where they cross over the property line, provided that such pruning will not damage the basic health and welfare of the tree.

Can you cut a tree over a fence?

In the event that trees hang over the fence, most states agree that the property owner may cut tree limbs and remove roots where they cross over the property line, provided that such pruning will not damage the basic health and welfare of the tree. Thank you for subscribing! FindLaw Newsletters.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What is eminent domain?

Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is cloud on title?

Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

Why do homes have fences?

Many homes have fences surrounding the property. This can be a positive selling point for a home, especially if the buyer has pets or young children. However, the presence of a fence can also be a major headache when buying a home. A fence built inside the property line tends to be less problematic. In contrast, a fence built over the property line can cause major issues, depending on the property line fence laws that apply. It is important to understand the specific property line fence regulations to avoid having to deal with any fence on property line violations.

Do property owners have to have a property line survey?

In most cases, this oversight is not discovered until one of the property owners affected sells his or her home.

How to contact a real estate attorney?

If you have questions or if you are looking for legal guidance to ensure you are protected when buying a home, we can help you. Call us at (516) 822-7866 or continue to our contact page to get in touch with us.

Where are easements recorded?

Easements are recorded with the county in which the property is located and apply to all future owners of the homes in question. These situations raise significant and complex legal issues that you should consult with an attorney about.

What are the legal issues in real estate?

Whether your business or real estate dispute is destined to settle or go to trial, your lawyer needs to be aggressive, creative and have the requisite knowledge to advance your goals and protect your interests, all while keeping an eye on cost. We are often engaged to handle: 1 Fences straying from boundary lines onto city property or adjoining property 2 Builders or homeowners building too close to property lines 3 Overgrown trees and landscaping spread 4 Encroaching driveways, patios, and overhangs 5 Neighbors using adjoining property owners’ land or right of way 6 Overuse of shared resources 7 Impacts on other property owners’ land

What are boundary issues?

Boundary issues can also relate to encroachments, tree disputes, and the location of walls and fences. Whether your business or real estate dispute is destined to settle or go to trial, your lawyer needs to be aggressive, creative and have the requisite knowledge to advance your goals and protect your interests, all while keeping an eye on cost.

Who is Jeffrey Williams?

Real Estate Boundary Dispute Attorney, Jeffrey Williams, is experienced in negotiating and defending boundary dispute cases for property owners who find themselves in boundary dispute cases. California real estate law allows a party to file a quiet title lawsuit for ownership of land if that person or entity has been openly using the land and paying taxes on it for 5 years or longer.

What is the Good Neighbor Fence Law?

In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Exceptions to The Law.

Can a neighbor build a fence?

In this case, if a neighbor builds a fence, the fenceless owner doesn’t have the pay for it.   Unless the fenceless owner someday decides to build his own fence.

Who Can Be Involved in A Property Dispute?

• Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. Government Agencies; and/or 8…

See more on legalmatch.com

What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?

Do I Need An Attorney If I Have A Property Dispute?