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Fence Property Line Encroachment With Neighbors

State:
Multi-State
Control #:
US-03188BG
Format:
Word; 
Rich Text
Instant download

Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

How to fill out Complaint For Encroachment - Projecting Windows Overhanging Plaintiff's Property?

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FAQ

While the Land Registry offers a process for resolving disputes relating to boundaries, it is generally advisable to seek legal advice on the merits of your claim before doing so. Where your neighbour contests your claim, the case will be sent to the Tribunal to resolve or will potentially need to be issued at court.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

The fence has to be ?unnecessarily? taller than 10 feet. It's unclear what would meet that standard. Trees are inherently problematic because without trimming, they can obviously grow beyond 10 feet tall. Also, the fence has to be ?maliciously erected? or with ?the purpose of annoying the owner?.

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.

Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise. Code 1950, § 8-887; 1970, c.

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Fence Property Line Encroachment With Neighbors