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You can contact BC 1 Call (for free) at 1-800-474-6886 to find out what's buried on your property, such as pipelines, telecommunications cables, water and sewage lines, and electrical wires. There are rules on where a fence can be placed. Type of fence (if desired, specify one of the specimen fences in the Second Schedule to the Fencing Act 1978, or specify any other type desired). Notices to neighbours regarding fences and trees Forms to send to neighbours regarding fences or trees. You can reach us by phone at 604-331-5400 or by email at info@peopleslawschool.ca. However, in some specific situations, a fence can be legally required. The Fences Act provides a formal process for resolving of fencing disputes including the issuing of a fencing notice. In rural areas, the owners of adjacent properties must maintain and repair the fence between them, according to this BC law. On corner lot properties, another factor may be in play: traffic. I moved into a rental unit as a roommate. Whether you’re concerned about a neighbour’s fence or planning to build a fence, there can be circumstances that lead you to contact your local municipality. Many cities and towns in BC have local bylaws requiring property owners to maintain their fence in good repair. If you’re thinking of building a fence, talk with the neighbours who live in adjoining properties. Knowing what's under your property reduces the risk of accidents when digging. In the search box, type in “fence bylaw [community name]”. Use tab and cursor keys to move around the page (more information), disputes about fences, trees and buildings. Learn how to deal with parking problems involving neighbours. The primary goal of this letter is to ask the neighbour to stop the activity that's causing a nuisance.Sometimes, relations between neighbours can get tough, to the point that a friendly phone call or text message won't stop the activity that is causing the nuisance. After 45 days, I sent the other three property owners a second letter, this time demanding payment no later than Oct. 20. To help you prepare for the conversation, we offer tips for talking with your neighbour and a template for preparing for the talk. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. Provide the website address where you will use our content. In this case, find out who’s responsible for enforcing the relevant bylaw. Taking legal action against a neighbour will almost certainly strain your relationship — no small matter since you’re living side by side. You want a fancier fence than is strictly necessary, You haven't tried to reach an agreement with your neighbour, Your property borders land owned by the government, In most cases, you will be responsible for the full cost of the fence, You have damaged a fence — either intentionally or through being negligent, You bear the full cost of repairing or replacing the fence, You make urgently needed repairs to a fence, In most cases, you can recover some of those costs from your neighbour. Even if the fence will be on your land — in which case you don’t strictly need your neighbour’s agreement to build it — people appreciate being consulted about changes that can affect their views or their property value. My neighbour’s cannabis smoke is driving me crazy. A survey will show the location of the iron pins in the ground (known as “survey monuments”) that mark the property corners and boundaries. These differences can usually be settled with a combination of tact and compromise, but ... A cross notice must be “served” on you either in person or be sent to you by registered mail. Some housing developments (for example, some strata properties) have bylaws that require fencing around individual units or common property. Our data is published as an information source only, please read our disclaimer. Form 1 - Notice to contribute for urgent ... Form 2 - Notice to contribute for fencing work. Neighbors Should Share Fence Costs SFGate. ... A fence will go up around the perimeter of the site and fence signage with the NSW Government and demolition contractor contact information will be installed. It's faster yet again, and designed to help parties resolve their dispute collaboratively. Learn tips to help you talk with your neighbour. However, many communities have local bylaws requiring a building permit in certain situations. These link (s) … A tree with an overhanging canopy might drop a heavy branch on your handiwork. Copyright 2021 People's Law School. You should also check if the wall or fence is safe - if it isn’t, your neighbour or the council could take action against you. Notices to neighbours regarding fences and trees, If you want to erect a new fence you will need to serve a Notice of Intention to Erect a Fence [see Fences Act 1975 (SA) Form 1]. If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. Fencing and boundary disputes are common disagreements between neighbours. Typically, no. More contact info. It’s your responsibility to find the correct property line. The entire process can take one or two months between the delivery of materials and the hearing. Options for Dealing with a Problem with Your Neighbour. It can't be electrified. Some rules restrict what kind of fence is allowed and where it can be placed, as explained below. No law says a fence must divide neighbouring properties; most people simply agree to have one. Even if this is possible you should still give notice in writing as described below. (See “What you should know,” above.). See “What you should know,” above, for what’s involved in this type of claim. A person can’t build a fence on property that’s not theirs — unless they get permission to do so. This is called a notice to fence. Please leave this blank (this helps us identify automatic spam). Keep a copy of the letter and note when & where you issued it to them. You can search the BC land title authority. This can prevent problems down the line. When you give it to them, try … If you need more help with a Fencing Notice, get legal advice. Each owner is liable to the other for half of any cost reasonably incurred for upkeep and repair. Forms to send to neighbours regarding fences or trees. How satisfied are you with your experience today? I should mention that a recent article in our local newspaper cited fence disputes between neighbors as a … Sample Fencing Notice 1. You could also apply to court for a resolution under this BC law. Botanical Map This … Under BC law, either neighbour can apply to court for a resolution. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the “property line”). I have received payment from two of them. An Urgent Notice to Fence leaves much less room to negotiate with your neighbour and so you’re more likely to end up fighting it in court if your neighbour isn’t happy. Fences serve many purposes. You can’t simply impose a shared fence on them. Do I have to pay to get rid of it? And it can help preserve a good neighbourly relationship. If you have given notice and agreement has been reached do not begin to erect the fence until you have reached agreement concerning payment. As required by state codes, first tuesday’s30-day notice includes: a notification of the presumption of equal responsibility for the boundary fence; It makes no difference if you intend to pay the total cost. If you own the wall or fence. Dial-A-Law: A starting point for information on the law in British Columbia in 190+ topic areas. Got questions or feedback about this dataset? If your claim is for less than $35,000, you can bring a legal action in Small Claims Court. Fences serve many purposes. Whether you’re thinking of building a fence or you’re concerned about a neighbour’s fence, the first step is to try talking with your neighbour. As such, it’s especially important that you accurately locate the property line. You should make sure that your Fencing Notice relates to the circumstances of your case. If you and your neighbour have been unable to reach an agreement on the work needing to be done on the fence, the cost, or how you will divide the cost, you should prepare a written notice. If a property owner installs a fence completely on their side of the property line, the fence is theirs. If mediation is not successful, the person who wants the fence can serve a Fencing Notice on their neighbour. We're based in Vancouver, British Columbia. A Fencing Notice is a formal written notice from your neighbour that says that they plan on building, fixing or replacing a fence and want you to contribute to the costs. If your claim is for less than $5,000, you can file online with the Civil Resolution Tribunal. If you do serve a Fencing Notice and you and your neighbour still can not agree, then you can then apply to the court or tribunal for a determination. This can cause conflict, particularly where a fence you built is actually in your neighbour’s yard. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. For the embedded content to appear on your site, you must submit this form. This is an offence under the Criminal Code. What you don’t need to tell them about. If the neighbour agrees to proceed, you can both sign a copy of the successful quote and the amount you each agree to pay. This is called a notice to fence. In the Northern Territory (NT) rules about fencing are set out in the Northern Territory Fences Act 1972.. You need to understand your rights and responsibilities over the following: This sample form is provided in PDF and Word formats. In your letter to your neighbour: If you're unable to resolve the matter directly with your neighbour, you could consider mediation. If you have been given a Fencing Notice by your neighbour, or have received one by post, it is a good idea to contact your neighbour to discuss the proposed fencing work. While there's no standard legal notice for encroachment, you should clearly put your neighbor on notice that she needs to remove the encroaching structure or face a day in court. To apply to NCAT about a dividing fences dispute, a Fencing Notice must have been served by you or your neighbout at least one … Creative Commons Attribution 4.0 But they can also lead to tensions and conflicts. This document is a letter written to a neighbour who may be causing a nuisance to one person, or to an entire neighbourhood. You can also hire a registered BC land surveyor to come to the property and identify the property line. If talking with your neighbour doesn’t resolve matters, you can write a letter setting out your plans or concerns. Neighbours may disagree about where a fence can be built, what type of fence to build, or who should bear the cost of building or repairing a fence. For example, in many communities, a fence between residential properties can’t be made from barbed wire or razor wire. It’s also customary for fences to be built about 6-8 inches inside your property line, to avoid a neighbor’s complaint that you are encroaching and then demanding you move your fence. Neither can take it down without the other’s permission. Neighbours may disagree about where a fence can be built, what type of fence to build, or who should bear the cost of building or repairing a fence. On the website CivicInfo BC, you can search across local government websites province-wide to find bylaws relating to fences in your community. My neighbours trees branches r falling and my fence r braking Tassia - 11-Oct-19 @ 10:42 AM 8-31-2019 About 3 or 4 months ago in 2019, I begin to see the tree branches from the house next door extending their growth into my sides of the house property yard. Before you make a final plan for your fence, consider the nearby trees and plants. If your neighbour doesn’t do what they said they would, either within a specified time in the agreement or within 3 months of making that agreement, you’re allowed to carry out the agreed fencing works and then seek to recover your neighbour’s agreed share. If you intend to remove or alter an existing fence along a property line, you must have either your neighbour’s agreement or a court order. In BC, property owners are allowed to build a fence (or plant a hedge) around their property. If you are building a new fence, this notice is called a notice to fence. Maximum fence height often varies based on the zoning of the property and where the fence is on the property. You can search the BC land title authority to see if a land survey is part of the public record for a property. Avoiding disputes about fences. Method of construction (for example, by a contractor, or by one or both neighbours). It is the property owner’s responsibility to ensure they locate the property line accurately. I live in a condo. If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees. This can be done through an application by petition in BC Supreme Court. On the Mediate BC website, you can search for a mediator based on the community you live in and the type of problem you have. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence encroaches. View our fees and charges. licensed under The cases we refer to reflect real experiences, but names and images have been changed to protect people's privacy. Notice of intention (where there is no agreement) Depending on the type of work you are proposing there are different forms to be used. You two need to agree on the type of the fence and the cost. Is there anything I can do about unbearable smells coming from the neighbouring apartment? The court can do one of three things: In deciding which of these three courses of action to take, a court will consider: Where a fence intrudes onto adjoining property, either neighbour can seek a resolution under BC law. Learn more about your rights and what to do in disputes about fences, trees and buildings. If you live in a planned community or a strata property, there may be additional rules around fence building. Explain your plans or concerns, and ask for their thoughts. Notice Of Encroachment JustAnswer. If you’ve used the processes in the Fences Act and reached agreement in a Notice to Fence, that agreement can be enforced. Learn steps you can take if you have a problem with your neighbour. The upstairs (head) tenant hasn’t mowed the lawn in months and people are dumping garbage in the yard. A dividing fence is a fence built to … The contractor has completed the installation of the fence. Describe the type of fence you’re planning, its location, and its estimated cost. When building or repairing fences both parties should agree on the style, cost and timing of the necessary works. Otherwise, you can hire a registered BC land surveyor to come out and find the property line for you. If you are repairing an existing fence it is called a notice … Complain To A Neighbor Or A Landlord FREE Sample Letter. The British Columbia Land Surveyors addresses concerns and investigates complaints against land surveyors in the province. There may be tree roots that could interfere with your fence — now or in the future. If your neighbour understands where you’re coming from, it can be easier to explore solutions together. Justice and Attorney-General, Queensland Government, Our shared fence is falling apart. If you're looking for advice specific to your situation, there are options for free or low-cost help. Isn’t there a one-month minimum... My neighbour is dumping garbage on our side of the fence. If you aim to put it right on the property line, you need your neighbour’s consent (see above under “What you should know”). You are jointly responsible for the upkeep of the fence. I have sent letters reminding these property owners as to their amounts. Do I have to pay for any of this? Many communities have local bylaws that require dog owners to keep their dog within a securely fenced area. Sometimes it turns out a fence isn’t on the property line after all. These bylaws set the rules: what materials you can (and can’t) use, how high the fence can be, and so on. Use these tips to avoid a dispute with your neighbours over the fence that divides your properties. Estimated total cost (to be shared half each, or, if different shares are proposed, specify those shares). In many communities, a fence on a corner lot can’t obstruct the sightlines of drivers at the intersection. Mediation is quicker and much less expensive than taking legal action. For example, fences aren’t permitted across an easement unless they’re specifically allowed under that easement. Look at the legal documents for your home. What to do when your neighbour’s noise crosses the line. Typically, a front-yard fence can be no more than four feet high. To be clear, if you want to build a fence along the property line, you must consult your neighbour. If the fence runs along a property line, property owners on both sides are expected to contribute equally to its upkeep. Selecting “Community” under Practice Areas can help narrow your search. Sample Fencing Notice … My neighbour has sent me a NOTICE TO REMOVE FENCE LETTER

it reads we hereby give you 2 weeks notice from the date of this letter, to remove the fence you erected which encroaches onto our property. Invite the neighbour to explore options that will work for both of you. Where a fence needs to be built, it is generally up to neighbours to split the cost. first tuesday’s Notice of Intent to Alter Shared Boundary Fenceis a 30-day written notice defining each owner’s responsibility for sharing the cost of maintaining the boundary fence. A week later, the main tenant gave me two weeks notice to leave. What can I do? Generally, each must pay half the cost of building or repairing the fence. (What this content licensing means.) Just include the part until .ca, .org, or .com. If they have a land survey for the property, it’ll show the property line. If none of the above steps have resolved the problem, it may be time to consider legal action. This information from People's Law School explains in a general way the law that applies in British Columbia, Canada. If your neighbour doesn’t agree, your best bet is to build the fence so that it falls entirely on your side of the property line. See our full disclaimer. Learn more about your rights and what to do in disputes about fences, trees and buildings. Fees are payable for dividing fences applications. I have the following questions: 1.
Failing which we will have no alternative but arrange for the fence to be removed and recover the cost to do the same from you. Justice and Attorney-General, Queensland Government, Notices to neighbours regarding fences and trees, licensed under Creative Commons Attribution 4.0 sourced on 08 February 2021 Disclaimer Our data is published as an information source only, please read our disclaimer . It’s faster and less complicated than suing in the British Columbia Supreme Court. If you’re the fence builder, start by explaining why you want it. CivicInfo BC has contact information for municipalities across the province. If, in building a fence, you want to do something that isn’t allowed under the local bylaws, you can seek a relaxation of the rules. North Fencing understand your desire to get your new fence built as soon as possible so we have made a downloadable template letter for you to send your neighbours. Time limits. Except in a few specific situations, no one is required to build a fence. Learn how to deal with problems involving fences and neighbours. A strata property’s bylaws, for example, may dictate the style, size and maintenance requirements of the fence. Copy and paste this code to a location within your website. For example, if your neighbour has built a fence that encloses part of your property, you could start an action for trespass. Some communities have local bylaws that require swimming pools to be fenced. (Learn about embedding content.). If you have issues with a neighbour’s fence — for example, it’s too high or it intrudes onto your property — explain your concerns. It's fairly common for a homeowner to build a fence or wall that falls inside his neighbor's boundary. I’m a tenant. Fences and Neighbours - What you should know, Fences and Neighbours - Work out problems, contact information for municipalities across the province, Fences and Neighbours - Common questions. Check with your city or town hall to find the fence bylaw that applies in your community. If there's a dispute about where a fence should go, a land survey will show the location of a property line between adjoining properties. For example, say you’re concerned with the height of a neighbour’s planned new fence. Learn how to deal with problems involving trees and neighbours. If you want to build or repair a fence, it can help to get a written cost quote from one to three contractors. For help filling out the notice or deciding which one to send, speak to one of our staff (External link). The information is not intended as legal advice. Use this form to request a neighbour to contribute for fencing work. The best way to erect a fence between adjoining properties is by mutual agreement between the owners. Use this form to send to neighbours regarding removal of particular overhanging branches. Notices to neighbours regarding fences and trees, Aboriginal and Torres Strait Islander peoples. Side and back fences can be up to six feet high. Think of it, therefore, as a last resort. This route is generally quicker and cheaper than a full legal action. If you want to build a fence along the property line, you can do so only if the owner of the adjacent property agrees. Embed People's Law School content on your website. For example: On the website CivicInfo BC, you can search across local government websites province-wide to find local bylaws relating to fences in your community. Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out. What can I do? Neighbours are responsible for shared fences. And so is the bill for it. (It's hard to argue against, say, a fence intended to keep children safe.) Unbundled Legal Services: Learn about a new service model for lower-cost legal help. They might say you have to keep the wall or fence that you’re disagreeing about in a good state of repair. The Fences Act contains rules about who pays for a dividing fence, the type of fence to be built, notices that neighbours need to give one another and how to resolve disputes that come up when discussing fencing works with your neighbour. At 604-331-5400 or by one or two months between the owners of adjacent properties must maintain and repair of a. Agentic, this information applies to British Columbia Supreme Court communities have local bylaws determine... Complaints against land Surveyors in the province you don ’ t obstruct the sightlines drivers... Think of it cost quote from one to send to neighbours regarding removal of particular overhanging.... Maintain and repair the fence that divides your properties concerns, and ask for their thoughts with..., according to this BC law, either neighbour can apply to Court for a.... 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