Maine Agreement between Homeowners' Association and Individual Lot Owners for Association to Replace and Maintain Boundary Fence
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How to fill out Agreement Between Homeowners' Association And Individual Lot Owners For Association To Replace And Maintain Boundary Fence?
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FAQ
Customers having new fencing installed often ask us exactly where they should position their new fence. Getting it right avoids (potentially costly) disputes over encroachment in the future. As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land.
Without a neighbour's agreement, there is no right to build a wall over the boundary line.
Article Summary. In England and Wales, there is no legal presumption that a person owns or must maintain a fence or other boundary barrier on the left or on the right. Ownership of the boundary is normally determined by the builder who erects the buildings.
First let's clear up the age old myth of; Each home owner is responsible for maintaining the fence on the left-hand side, as you look at the property from the road. This is FICTION. There is no general rule about whether you own the fence on the left or the fence on the right of your property.
The best way to determine whether a fence is yours or not is by examining where it falls on the property line. If the fence is placed on your side of the property line between your house and your neighbor's, the fence is yours.
In most cases, if you add an outdoor structure such as a fence, you need a permit. However, it specifically depends on the codes, zoning and regulations of where you live. In some cases, you may not need a permit but you must adhere to the local regulations regarding height limits and specific fence materials.
Unless the deeds specify for the boundary to be maintained, there is no legal requirement for the owner to maintain the wall or fence or to keep hedges tidy. The owner could be liable if the fence or wall causes damage or injury because it has been neglected.
As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours.
The furthest edge of the fence makes up the boundary to the property. To figure out which fence is yours, look at where the frames of the fence are. Those who installed the fence should have erected it facing away from the property who owns it, so that their neighbour gets the good side of the fence.
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!
