Hawaii Notice to Adjoining Landowner to Repair Partition Fence

State:
Multi-State
Control #:
US-00946BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample notice from one landowner to an adjoining landowner who is refusing or failing to make repairs to a partition fence in accordance with an agreement between the adjoining landowners. This form is for illustrative purposes only. Local statutes must be consulted to determine specific requirements for such a notice.

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FAQ

BUILDING PERMITS ARE REQUIRED: To erect, construct, alter, remove, or demolish any building or structure (including fences, retaining walls and swimming pools). 2. For any electrical or plumbing work.

Hawaii Fence Law Basics Hawaii defines a "legal fence" as one that it is not less than four feet in height and made of stone; posts and rails; posts and boards; posts and wire; or other suitable materials. This rule will apply to agricultural land and property not controlled by a city or county building ordinance.

Fence Height and Permits ing to the California Building Code, Chapter 1, Section 105.2., a permit isn't required if the fence is less than seven feet tall. However, keep in mind that you must still follow any other applicable laws and ordinances. There are still rules about the design or placement of the fence.

(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.

The ?Hawaii rule? provides that living trees and plants are ordinarily not nuisances but can become so when they cause actual harm or pose an imminent danger of actual harm, or cause actual harm to adjoining property.

If the tree is planted without your consent, that would be considered trespassing on your land and you would have the legal right to sue to have it removed. Once you have given that permission, though, there is a shared responsibility for the tree, for maintenance, pruning, and possibly even regular watering.

(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

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Hawaii Notice to Adjoining Landowner to Repair Partition Fence