overview. if you live in england or wales, theres usually no record of: the exact boundary between two properties who owns the hedge, wall, tree or fence between 2 properties this guide is also available in welsh cymraeg . you can get an idea of where the boundaries for your property are by looking at its title plan.
use it or lose it: property owners and fence lines. if the fence line, tree line, driveway or other demarcations have been treated by both sides as the boundary line for at least ten years, that line will be deemed to be the legal boundary even though it differs from the actual surveyed boundary line.
who owns the fence depends on whose property it is on. however, if the fence has been there for ten years or longer, and you and your neighbor, and you and your neighbor's predecessors have treated the fence as the true boundary line for ten years or longer it is possible that ownership of the fence has been obtained by adverse possession.
property line and fence laws in florida. your neighbor won't necessarily be liable for healthy branches falling on your land. on the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches.
who owns a fence that is on the property line between two owners. the fence was here before either owner bought either property. answered in 1 hour by: you are correct there is a presumption at common law that a boundary fence is owned equally by both neighbors and both are equally liable to maintain it.
a boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. sometimes even a hedge can act as a boundary. to learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see nolos fences and neighbors faq .
the answer: fence ownership is determined by where your fence lays on the property line. if your fence is right on the property line between your neighbors property and your property, neither you nor your neighbor owns a side; its a shared fence and a shared responsibility. if the fence falls to one side of the property line, it is wholly owned by the property owner whose side its on.
in the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. title to property is usually transferred by means of a deed. in some cases title to or use of property can be acquired by merely occupying and using the property for an extended time.
a fence built and used solely by the builder of the fence is owned by the builder of the fence and is not a boundary line fence at all. it only becomes a boundary line fence when both property owners use the fence.
as far as the fence is concerned, 'unless the property owners agree otherwise, fences on a boundary line belong to both owners when both are using the fence. both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission,' according to the site.
ask the appeal: who owns the fence in my backyard? by katie baker to establish your property line and thus determine who must carry the cost of replacing the fence . essentially, if the property owner is going to benefit from fixing the fence, she or he may be responsible for half the cost of the fence.
think of your property line as a geometric plane that extends up into the sky and down into the ground. if you don't like the branches on your side of the plane, you can cut them, no matter who
when the fence is built directly on the property line of two private owners, then the responsibility for the maintenance for the fence is jointly and equally shared by the property owners for the section s of fence that runs along that particular property line. if the fence is on his property, then he owns the fence.
if the fence is on your neighbors property, your neighbor and their insurance company also have the choice of replacing the fence, or not. but, what if you do not know who is the owner of the fence because the fence has been up for years long before both you and the neighbors moved in.
who actually owns the fence. we requested financial assistance from the apartment owners and they stated they were not responsible for the expense as it was our fence. so come forward 25 years, we left the chain link fence along the property line and built a wooden privacy fence inside the property border about 2 to 3 feet.
if it is a boundary fence it typically sits on the line between the two properties meaning that both property owners jointly own the fence. as long as both property owners use the fence, which means they use the land that touches the fence, have a fence that attaches to the boundary fence or
normally the fence is jointly owned by the two property owners. ideally, they each pay half of the cost. they should have it surveyed so it is exactly on the property line. if you build a fence directly on the property line, it may mean that responsibility is shared by you and your neighbor according to the law.
quite often, the fence is right on the property line. in such cases, both you and your neighbor may claim it is the others fence and want the other to fix it. if your neighbor claims it is not
unless the property owners to a fence dispute contract otherwise, fences that are situated on the actual boundary line belong to and are the responsibility of both property owners. in fact they are also responsible for maintaining the condition of the fence and for making sure it reasonably and accurately traces the actual legal boundaries of the property.
entire enclosure: the property owner's entire property is enclosed by the attachment of other fencing to the boundary fence most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise.
who owns the fence on a property line? i have heard two views of who owns the fence when it is built on the property line between two homeowners in a subdivision: 1 the fence belongs to the home that it was built with; 2 the fence belongs jointly to both homeowners.