Cost coverage for fencing that is not desired

Hello everyone,

we have attached our semi-detached house in Fulda (Hessen) to an already existing, completed semi-detached house. We are currently at the shell stage and the windows are supposed to arrive in 3 weeks. So far, our property was undeveloped. Now our soon-to-be neighbor has approached us, saying that he would like to put up a fence between the semi-detached houses and has already spoken with the local landscaping contractor. He intends to fence his entire property and now wants to start soon so that the garden can be used in the summer.

He has approached me and said that it is common for neighbors of semi-detached houses to share the cost of the fence in the middle and would like to have a joint discussion with me and his landscaping contractor regarding the type and design of the fence. I can hardly imagine that he wants anything different in the middle than what he chooses for the rest of his property.

Honestly, I feel overwhelmed. I am in the shell construction phase and garden planning is still quite far away. To be honest, I neither have the time nor the financial capacity to also take care of garden planning now. One must consider that his house is somewhat elevated compared to ours, so terrace/level of the garden play a role.

In Hessen, there is apparently a fencing obligation upon request of the neighbor...
"
According to the Hessian Neighbor Law, the owner of a developed or commercially used property is obliged at the request of the owner of the neighboring property to fence his property, as long as the boundary to the neighboring property is not occupied by a building. If both properties are developed or commercially used, the owners of both properties are mutually obligated to cooperate in the erection of the fence (§ 14 HNRG)"

But now the situation is that we do not want a fence at all, and if anything, rather a hedge or something similar, but no usual fence (which is also a possible fencing option in Hessen). I also wonder if the neighbor can really put us under pressure just because he wants to start NOW. Let him do whatever he wants on his property, and I also would never have thought to charge him for the cost of privacy screen or hedge that I would like.

Maybe someone in Hessen has already experienced something like this?

Thanks

Now the thing is, we don't want a fence at all, and if, then rather a hedge or something similar, but no usual fence (which is also a possible enclosure in Hessen). I also wonder if the neighbor can put us under such pressure just because he wants to start NOW. He can do whatever he wants on his property, and I wouldn’t have thought of making him pay for the privacy screen or hedge that I would like to have.

Read further in the paragraphs: You are therefore only to use a usual fence, alternatively a chain-link fence. But that can be demanded. If his fence costs 7 times as much, he just has to increase his share significantly.

Thank you for the response.

I need to find out what is customary here. Then I will just pay for 12m of chain-link fence /2. Does anyone know by when this has to be done? I mean, does the fence have to be erected RIGHT NOW immediately? I can't find anything about time limits.

I am stuck in the shell construction phase and garden planning is still quite far away. Honestly, I neither have the time nor financial capacity to also take care of garden planning right now.

Well, honestly, a fence that has to be there anyway is not a plan you need to worry about in detail. And that, with a semi-detached house, usually something ends up on the boundary between neighbors is clear beforehand, right? If I read the source from correctly, there is something 1.2m high, for which you pay 50% of what the whole thing would cost in chain-link fence. You just have to decide whether you want something opaque or not. Then you’re in a good position if he takes care of the rest?

Basically correct, but as I said, we have different levels of the house and the property. We will still need to do some filling because we want a ground-level terrace. The neighbors have a podium terrace, but their house is also higher. And if I think a bit further, I have to take that into account.

Can I actually, in return, demand that we build the desired fence in such a way that it includes the privacy screen we want anyway on the two houses? So first a high privacy screen that then transitions into a regular fence?

Can I actually demand in return that we construct the desired fence so that it includes the privacy screen we want anyway on the 2 houses? So first a high privacy screen, which then transitions into a normal fence?

I don't know if you can demand that. But if the neighbor is pragmatic, he will see the advantage of doing it all at once. I want to reproach you a little, not personally meant: If there are these level differences and you are filling up, and moreover privacy screen is planned, then the fence planning belongs right at the beginning!? Especially with a semi-detached house. That it caught you unprepared now is unfortunate, but in my opinion your strategy has taken you by surprise.