How to Enforce Removal of Fence From My Property
If you’re trying to enforce the removal of a fence from your property, there are several steps you can take. These include a Written agreement, a Fence survey, and a Notice in court. But which is the best way? These steps will depend on the particular circumstances of your case.
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Written agreement
If you and your neighbor disagree about the location of a fence on your property, you can create a written agreement that specifies how the fence should be removed. Such an agreement is legally binding between the two parties and can be recorded in the public land records. Once recorded, the written agreement becomes a part of the land records and binds subsequent owners of the property.
Using a mediator can help the two parties work out a solution. The mediator can be neutral, which is more cost-effective than taking the case to court. The neighbors can work out a solution in mediation and ensure that their fences do not cause problems between them.
Fence survey
If someone is building a fence on your property and you want to prevent this encroachment, there are several ways to go about it. If you can identify the exact property line, you can contact a lawyer and have them draft a demand letter to have the fence removed. If they do not comply, you can take your case to court, seeking damages and forcibly removing the encroaching structure. If you are having trouble figuring out the boundary line, you may want to get a survey done.
If you cannot get the fence removed yourself, you can try to sue the person in circuit court. There are specific laws about fence removal and you may be able to get an injunction in such a case. This is similar to filing a small claim case, but in a regular trial court, you will need to hire an attorney. Generally, the court will look for the least drastic remedy before ordering the fence removed.
Notice in court
If you’re in disagreement with your neighbour over the location of your fence, you may be able to serve them with a Notice in Court to enforce removal of fence from property. This is a process that is different to making a notice in Local Court, and the waiting times will vary depending on the court. First, make sure you have permission from your neighbour. Otherwise, you could find yourself liable for trespass and damage to their property. These charges can include damage to the fence itself, as well as any gaps you’ve left between the fence and their property. Further, if your neighbour has a strong case, you may also have to deal with arguments that your fence doesn’t’ adequately separate the two properties.
Once you’ve determined the legality of your fence, you can serve it on the delinquent landowner. This will require that they either repair or erect a legal fence to protect their property. In some cases, the delinquent owner can be ordered to fix the fence if the neighbor serves a Notice in Court to enforce removal of fence from property.
Fence viewers
Fence viewers can be used as an effective method to enforce the removal of a fence from property. A landowner who builds a fence on another person’s property is responsible for paying for any soil damage it causes. Fence viewers can also be used as a method to settle disputes over a boundary line between two properties.
Fence viewers should not be considered a substitute for a judge. They are private individuals and engage in other activities. The written decision should be delivered to all parties. It should specify the amount of time the property owner has to remove the fence and the portion of the fence that is to be removed.
