Can I replace my fence without Neighbours permission?

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. You can do this alongside your neighbours existing fence, as long as it is on your private property and inside your boundary.

Can I remove an encroaching fence?

If any part of the fence that he built encroaches on your property, then you can require him to remove it. If he refuses, you can sue, and you will win the suit.

How close to the property line can I build a fence?

Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. In cases when a fence is built directly on the property line, the responsibility may be shared between you and your neighbor.

What is a fence encroachment?

A fence encroachment can occur when you discover a fence was built or is being built on your land. If the fence has been in place for a long time, your neighbor may claim adverse possession, which means they have gained title to the property after controlling it for a certain amount of time.

How do I remove encroachment?

The penalty for encroachment is provided under Section 447 of the IPC and it includes imprisonment of up to three months and/or fine of up to Rs 550. If you want to deal with encroachment in a legal way, you should approach the court as per Order 39 (rules 1, 2 and 3) for an order of injunction and claim damages.

How close to property line can you put a fence?

2 to 8 inches
Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

Can you build right up to your boundary?

The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour’s consent.

How do I know which fence is my responsibility?

The legal document may explicitly state which homeowner is responsible for a said boundary fence – the left one or the right one. If there’s no such written arrangement, you can refer to the Land Registry plan and look for the symbol ‘T’.

Can My Neighbor put up a fence on my property line?

As a rule, a fence that is built on the boundary line belongs to both property owners if they both use it, meaning that they share ownership rights and any costs associated with the fence. If your neighbor wants a fence and you do not, they can build a fence on their land or even on the property line.

How far back does a fence need to be on your property?

No one wants to rebuild their fence or address the issue in court with their neighbors! Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line.

Do fences vary from actual property lines?

Since it is quite common for fences to vary from actual property lines, special attention should be given if you are acquiring property with existing fences, as well as if you install new fences during the course of your ownership.

When does a fence line become a legal boundary?

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.