Can i forced my neighbor to repair fence

Another bone of contention can be what you do with the fence — can you or your neighbour hang plant pots or put trellis on the fence, for instance? It comes down to who has paid for the fence - if it's yours, then your neighbour should ask permission before hanging anything from it. Danielle Lewis-James replies: If you were to repair the existing fence, you may wish to make it clear that this does not mean you are taking over responsibility for the fencing but are repairing or replacing the fence — otherwise you may have assumed responsibility for all future repairs.

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Our flat fee consult for new clients may get you the answers you need for the questions you have. The information presented in this Article is not to be taken as legal advice. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.

Blog Subscription. All Rights Reserved. Web Design by D4. Whatever the style of construction, all wooden fences are susceptible to the same damage from mould, rot and insects.

Panels tend to suffer a lot from wind damage, while posts deteriorate over time from being buried in the ground. Landlords can reduce the risk of paying for expensive repairs by buying concrete posts and installing gravel boards. This makes the initial outlay more expensive but should reduce repair costs over time. The good news is the tax man will let you put the cost of any like-for-like repair through your books to set off against rental profits for the year, which reduces the amount of tax you pay.

However, any improvement, like replacing a wooden fence with a brick wall, is classed as a capital cost and can only be reclaimed when you sell the property when it is offset against capital gains tax. The first step in resolving a shared boundary dispute is always trying to negotiate a fair and reasonable solution with your neighbour. The common belief is a homeowner is responsible for their left side boundary unless they have a corner plot, but this is not always the case.

For example, one neighbor might want to be responsible for repairing the fence, perhaps because she has a dog and is more interested in keeping the fence. Agreements between neighbors about boundary fences are only enforceable between current neighbors. When a new owner comes into the picture, the old agreement is no longer in force. You can research your state's fence laws, either online or in your local public law library.

A good place to start is the Legal Research area on Nolo's website. You may also want to check your city or town's laws. In residential areas, local rules commonly restrict artificial constructed backyard fences to a height of six feet. In front yards, the limit is often four feet.

Height restrictions may also apply to natural fences -- fences of bushes or trees -- if they meet the ordinance's general definition of fences. Trees that are planted in a row and grow together to form a barrier are usually considered a fence.

When natural fences are specifically mentioned in the laws, the height restrictions commonly range from five to eight feet. If, however, you have a good reason for example, you need to screen your house from a noisy or unsightly neighboring use, such as a gas station , you can ask the city for a one-time exception to the fence law, called a variance. Talk to the neighbors before you make your request, to explain your problem and get them on your side.

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