What does the law say about fences?
What does the law say about fences?
California law presumes that a fence located directly on the property line benefits both homeowners equally. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. The costs involved must be ‘reasonable,’ and backed up by evidence of their need.
Is it illegal to look over your neighbor’s fence?
Can my neighbour look over my fence? In NSW, there is no legal right to privacy. So if a neighbour can see into your backyard, they are allowed to look at or listen to what is going on.
Do you need planning permission after 10 years?
You can apply for a Lawful Development Certificate for an existing use or development providing you can demonstrate that: the land has been in continuous use (other than as a dwelling) for more than 10 years. a condition or limitation on planning permission has not been complied with for more than 10 years.
What can I do about a Neighbours tree?
Cutting back trees
- The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
- Do not just throw trimmings back over the boundary – this could constitute ‘fly tipping’.
Which side of the fence is my responsibility?
When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you’re responsible for maintaining it. If there’s an H (although actually it’s two joined Ts) the boundary is the joint responsibility of both parties.
Is a fence a legal requirement?
This may come as a surprise to you but there’s actually no garden fence law stating that you must fence your garden. Your deeds will give you an idea of the garden fence protocol for your land, with some stating that you require fencing, even if you don’t fit into the conditions stated above.
Can I build a wall instead of a fence?
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate where: your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition. your house is a listed building or in the curtilage of a listed building.
Are there any exceptions to the law on fences?
Exceptions are boundary fences – see “Property Line (Boundary) Fences,” below – or spite fences erected to annoy the neighbors, which are often regulated by state law. Urban fences, by contrast, are governed by local law and increasingly by rules of subdivisions or planned unit developments.
What are my legal rights when erecting a fence?
In my experience, if there is currently no boundary fence I am afraid the neighbour can isist that one is not erected, your neighbour is quite within their right to oppose the fence going up, tread very carefuly.
What should I do if I don’t know who owns my fence?
If you do not have their permission, doing so could amount to criminal damage. If you are unsure as to who owns the fence, it is always advisable to discuss matters of maintenance and repair with your neighbour. In such cases, it is common to agree who will maintain or replace the fence, and to share the cost of doing so.
Do you have to look at your neighbour’s fence?
There would now be two fences along the boundary. Your neighbour’s fence will undoubtedly fall into further disrepair but at least you won’t have to look at it any more. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land.