what attorney to handle fence issues

by Miss Madelyn Murphy 6 min read

What to do if there is a dispute about a fence?

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 fence repair on a boundary line?

Legal Help in Fence Disputes For changes, new fences, moving fenced areas and similar circumstances, the homeowner should consult a lawyer. A legal representative may have certain tactics that are needed, a process that is better than what the homeowner may consider and files that should be completed and sent to the correct officials for ...

How do you deal with a neighbor who wants a fence?

Sep 07, 2018 · If you are having trouble communicating with your neighbor, you may wish to seek legal advice before making your next move. Neighbor Fence Disputes: Additional Resources. If you or someone you know is having a dispute with their neighbor regarding a fence or another land-related issue, you can continue your research by clicking on the links below.

What to do if a fence encroaches your property?

Our boundary line dispute attorneys frequently deal with the following types of legal issues: Determining legal boundaries, versus what has been routinely used and observed; Evaluating the legal impacts of structures (such as fences) or trees and vegetation that encroach over a neighboring property’s boundary; Changing legal property descriptions to match current use

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How do you fix a fence dispute?

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. Keep copies of any letters or emails you send or receive. It's often best to find a compromise, for example sharing the cost of a new fence panel.Feb 15, 2018

How do you resolve land disputes?

You file a petition before SDO writing all your grievances, give a copy of it to District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.Jun 9, 2018

What are the rules on boundary fences?

As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land. Of course, there are plenty of types of fencing, and where you should position your fence can change depending on the style you choose.

What is the 7 year boundary rule?

Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.Dec 6, 2021

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:Lot line disputes.Fence, landscaping, and outbuilding disputes.Access disputes.Adverse possession claims.Nov 25, 2020

What constitutes a boundary dispute?

Boundary disputes usually arise when one person asserts ownership over a piece of land, which is owned by their neighbour. A common example would be if one neighbour moves their fence towards their neighbours' property, annexing the neighbour's land to theirs - this would give rise to a boundary dispute.

How do you tell if a fence is yours or neighbors?

0:402:58How Can You Tell if a Fence is Yours - YouTubeYouTubeStart of suggested clipEnd of suggested clipIf it's on your side of the property line then it's yours. If not it's on theirs if your home hasMoreIf it's on your side of the property line then it's yours. If not it's on theirs if your home has been around for a while you may also be able to call your city or your appraiser office to get this.

Who owns which boundary fence?

FREQUENTLY ASKED QUESTION. Fence ownership: Who owns which fence? Is it true that every house owns the fence on its left side, as you look at it from the street? There is no general rule about whether you own the fence on the left or the fence on the right of your property.Jan 24, 2022

Which fence is mine in the back garden?

There is no general rule about whether you own the fence on the left-hand or right-hand side of your property. So forget any 'rules' you've heard previously that state otherwise – not everyone will own the left-hand side of their fence.Aug 31, 2021

How do you know which fence is yours?

The best way to determine whether a fence is yours or not is by examining where it falls on the property line. If the fence is placed on your side of the property line between your house and your neighbor's, the fence is yours.Feb 21, 2022

Who owns hedge on boundary?

If a hedge is acting as the boundary, it is a joint responsibility to keep the hedge maintained from either side. However, hedges aren't always the property of the two residents– at least not in a legal sense.

Can I build a fence on my side of the boundary?

If you want to put up a fence that separates your property from your neighbour's (a boundary fence), you normally need to build it on the boundary. You also need your neighbour's agreement, and you can expect to share the cost with them.Feb 8, 2022

Los Angeles Easements, Restraining Orders and Injunctions

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Other common remedies in boundary dispute cases may involve easements or the equitable balancing of rights. Real Estate Attorney Jeffrey Williamscan also represent clients in temporary restraining orders and injunctions relating to boundary disputes. In boundary disputes, it is important for the owner to obtain a …
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Encroachments, Tree Issues, Walls and Fence Disputes in Los Angeles

  • 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. We are often engaged to handle: 1. Fenc…
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Creative, Practical Resolution of Boundary Disputes

  • With our extensive practical experience in real estate law, we seek to develop quick and effective resolutions to minimize trouble and negative financial implications. For example, many boundary disputes can be resolved through a quiet title action, such as when a landowner has been openly using and paying taxes on a property for at least five years. Others disputes can be resolved by c…
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Defining Boundaries and Property Lines

  • What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. Whil…
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First Steps When A Dispute Emerges

  • When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. The first step is to schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files—deeds, plat maps, and property surveys—to the table. Sharing this sort of objective informa…
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Will Title Insurance Cover The Dispute?

  • Unfortunately, the standard title insurance policy contains an exclusion specifically meant to make sure the company does NOT get dragged into boundary line disputes. (The language may refer, for example, to matters that "would be disclosed by an accurate survey and inspection of the premises.") Nonetheless, it's worth reviewing your policy and bringing the dispute to the attentio…
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How A Lawyer Can Help with Your Boundary Dispute

  • You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator.You might want to consult an attorney, especially if the dispute is over a significant piece of land. Keep in mind: A lawsuit against your neighbor is seldom a good idea. Even if you “win”, you are often stuck living next to your former adversary. This can create awkw…
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Property Improvements A Common Source of Boundary Disputes

  • Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes—erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1. constructs an improvement that clearly crosses a property line 2. fails to obtain building permit…
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Anticipate Defenses Your Neighbor Might Raise

  • Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1. You have the facts wrong, or have incorrectly read the deed to your property. 2. Your neighbor owns the disputed property through adverse possession, a doctrine that allows s…
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Questions For Your Attorney

  1. Is this the sort of dispute my title insurance policy might cover?
  2. If this isn't a clear case of where the boundary lines lie, but has more to do with usage (such as an adverse possession claim), who would likely win the dispute in court?
  3. How should I deal with my neighbor's encroaching activities in the short-term, while we wait for the dispute to be resolved?
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