Having to deal with unpleasant scenarios from an uncooperative neighbor is never a good time. Imagine you wake up one day and you find a tall and ugly fence has been installed without your permission! That’s where the big question pops in. Can my neighbor put up a fence without prior notice? Seasoned fabricators in London, Blackburn & Co Ltd, says there are some rules and regulations that one needs to research before putting up a fencing structure.
Take Note of Boundaries
Oftentimes, before you go into quarreling with your neighbor about a fence, you should understand the boundaries between you two. Some of the things most of us homeowners fail to understand is that most fences could be shared between you and your neighbor, it might be yours and it can also be his. Know your boundaries, it’s very paramount.
You might be having difficulty in understanding who really owns the boundary and who should ask for the other’s permission. That’s totally normal! All you have to do is go to your PC and check the deeds online that will help you locate the real owner of the land where the fence will be sitting.
Believe me, some neighbors can be extremely stubborn and sometimes amazingly annoying. If this is the case, you don’t have to stress yourself. All you have to do is involve a third party or seek help from the high-court judge in the land registration tribunal and county-court judge.
Can My Neighbor Put Up A Fence Without My Permission?
Wondering why this question keeps appearing? It is because of several cases troop into local/district court in regards to who has the permission over a piece of land and how tall a fence could get. According to property rights in the United States, “A landowner has total right and control over what he wishes to do with his land if he wishes to build a fence, he can, as long as it’s on his personal property (land).
Some other scenarios might also pop up. Cases like the following:
- My neighbor’s fence is dilapidating, can I pull it down?
- Can I pull my neighbor’s wall down because of restriction?
These aforementioned questions and more would be answered if you understand the property law, boundary law as well as what the law says about putting up a fence.
What Does The Law Say About Putting Up A Fence Without Permission?
Well, it’s no news that in a country where there are no laws, there are no sins/offenses. The law practically and explicitly explains some basic concepts about property management and how to go about erecting a fence, the height of the fence and even where and what form the fence should take. So, can my neighbor put up a fence without my permission? Yes, your neighbor can, as long as the following rules are followed:
· The height limit of the fence: Most fencing rules in residential areas peg the height of a fence at six feet in backyards and four feet in front-yards. Visit the Covenant, Condition, and Restriction (CC&Rs) for more information.
Take note, if your neighbor’s fence still stands even after violating the fencing law, it means the fence was either built before the law was passed or a variance (one-time exception from the law) has been applied.
· If he is the one responsible for the maintenance of the fence: he will bear the burden of the maintenance of the fence, so he has the right to erect a fence. Most state law chucks the responsibility of fence maintenance of boundary fences on the occupant that uses it unless there’s an agreement stating otherwise.
Building the fence far from the property line
Some local decree may allow your neighbor to erect a fence just at the property line, however, the moment a part of the fence breaches your property, the need to ask for your permission.
This implies that before your neighbor could build a fence without your permission, it means he has gotten a written agreement that has been duly registered at the county recorder’s office for proper documentation. This agreement allows your neighbor to access the fence from your side if there’s a need for repair or maintenance.
Having explained some of the various scenarios where your neighbor might not need to ask for your permission before erecting a fence, I strongly advise you seek permission from your neighbor before building one. Nonetheless, as long as your neighbor keeps the fence on his property and does not violate any homeowners association (HOA) building restriction, he has the right to do so.
The general rule that applies in most states is “you do not need permission from your neighbor to build a fence as long as it’s on your property. However, the moment the intended fence strays onto your neighbor’s lands, it becomes a different scenario. Know your property boundary! It’s very important!
