Can my Neighbour take down a fence without my permission?
If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission.
Who is responsible for fencing between properties?
Assuming responsibility can be as simple as putting up a fence over the boundary and maintaining it. If both you and your neighbour have been maintaining the fence, it’s now a party fence, and you are both responsible for it.
Can I paint my side of a boundary fence?
In general, you own the left side of your fence. So, if the right side is new, looking shabby and needs a good paint or stain, then you should speak with your neighbour before you start! In most cases, the neighbour should agree just as long as it is not a drastic colour or stain!
Can I stop my Neighbour smoking in their garden?
There is nothing you can do. In recent years many restrictions have been placed on smokers, but they do not extend to preventing people smoking in their own homes or gardens or in the street. Neither the council nor anyone else has the power to intervene.
Can a Neighbour erect scaffolding on my property?
Repairs and renovations – for essential repairs and renovations it’s permissible to erect scaffolding on a neighbour’s land as long as notice is given. Extensions or other improvement – for these it is not allowable to erect scaffolding on a neighbour’s land unless they expressly give permission.
Does my Neighbour have to maintain his fence?
You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to.
Do I have to allow my Neighbour access to my property?
Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, if you wish to repair your home, you may go onto your neighbours land without getting their permission. Before going on your neighbours land, you should still ask their permission.
Do I have to let my Neighbour on my property to build his extension?
Simply put, if your neighbour wants to build a new structure, you don’t have to say yes. The work must relate to the preservation of an existing structure, not a new structure currently being built or any future planned structure. Any structure that has already been built means that they could gain access.
Can a neighbor block a shared driveway?
If your neighbor is parking entirely on his half of the driveway than there is nothing you can legally do to prevent it. This is because both of you have a legal right to use your part of the driveway in any way you see fit.
Can right of access be removed?
An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner’s actions or in rare cases by the owner’s inaction.
What constitutes an obstruction to a right of way?
It is well established that for a gate to be an obstruction to a private right of way it must substantially interfere with the right of way. However, as in this case, three gates within less than 100 meteres of each other did amount to a substantial interference with the private right of way.
Can an easement be taken away?
Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement’s abandonment by the owner of the dominant estate.
How much does an easement devalue a property?
In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.
Is it bad to have a drainage easement on your property?
A drainage easement may have a negative impact on property value if it severely restricts the use of the property, but that generally occurs only on smaller parcels in which the easement makes up a good deal of the yard area.