Definition of fences/enclosures

  • Erstellt am 2017-09-02 15:52:21

11ant

2017-09-03 12:13:07
  • #1

In the textual provisions of your development plan, there will at least be one that clarifies the expected or permitted enclosures.


To clarify legally where the boundary lies behind which your Dagobert Duck-copied signs reading "GET OUT!" stand, depending on the judge, a lawn edging stone not overgrown may well suffice. From a height of 1 m upwards, judges probably will no longer have different opinions as to whether the private property is clearly marked as such.

Posts in the corners and barrier tape stretched between them are probably legally clear – whether they would be "permitted" according to the development plan is another question.

For the offense of trespassing, it probably is not necessary to also put barbed wire on the wall.

For driveways where one does not want to install a gate in the path to the garage, a change in the paving should also suffice to mark the transition to private property.
 

Chriscross

2017-09-05 06:41:31
  • #2
To clarify and explain the background of my question:

In advance, I have "studied" the development plan; I know everything in it by heart, but unfortunately it does not contain the definition of enclosures and unfortunately I seem to be the only one who has read the development plan......

Our residential area is designed in a "V-shape". At the open side of the V there is a lake. The plots run from the tip towards the lake, with two plots facing each other. The plots are divided into 4 zones (D - A from outside to inside). Zone D (area for ancillary facilities at the street), Zone C (buildable area), Zone B (garden), and Zone A (lawn area). At Zone A the opposing plots meet. According to the development plan, you are not allowed to enclose area A (even if it belongs to me) (no shrubs, trees, hedges, fences, ...). Since the lake is at a lower elevation than the plots and the plots slope towards the lake, some builders thought "Oh, I will level my plot" (complete idiots...sorry). Thus, the beautiful overall appearance is destroyed and everyone does what they want. The end of the story is that the last plot on the water, which has kept the natural slope, has a height difference of up to 1.5 m compared to the neighbor who thought he had to level.

Now, however, the neighborhood law states that you must not burden your neighbor with falling soil (I don’t know the exact wording at the moment). To prevent this, he would have to build a wall and/or grass edging stones. However, these would be located in Zone A where you are not allowed to enclose anything.

Therefore the question: Are grass edging stones considered enclosures?

I hope this was explained understandably.
 

Chriscross

2017-09-05 06:42:37
  • #3


Well then, show me what Google can do...............
 

Alex85

2017-09-05 06:54:44
  • #4
I am not sure if I have understood all of this. But when it comes to the neighbor having piled up (1.5m), he must at his own expense retain this towards the lower neighbor (retaining wall, L-shaped stones... I don't know what you want with lawn edging stones in this context). The remaining neighbor does not have to add soil. In case of doubt, consult the authorities.
 

Chriscross

2017-09-05 07:09:23
  • #5


That gets closer to the matter. It's not about the others having to pile up, but about the one who piled up having to "pile back," that is, to restore the property in Zone A to its original state.

By lawn edging stones, I also mean, among other things, the "L-bricks." It's not 1.5 m everywhere. My neighbor, unlike me, has also leveled and is thus about 30 cm higher. He would only have to install L-bricks. But also in Zone A (no enclosures). Everyone around him is lower and he thinks he can just pile up. My opinion is: no enclosure = no protection against "slipping" earth = adapt the property to the others!
 

Alex85

2017-09-05 07:26:56
  • #6


The filling must have been permitted. Dismantling is rather unrealistic even if it was done "illegally," because it doesn't make economic sense. Then it's more likely to result in a fine.

I would not follow your interpretation of the enclosure, but I can't prove it. The retaining wall serves to prevent a landslide, not to enclose a property. Moreover, as previously stated, the one who did the filling is responsible, meaning the retaining wall is to be installed and maintained by him—on his land! So if anything, it would be his enclosure.

Arguing about the enclosure won't help you if your actual goal is to reverse the filling. Besides the fact that everyone will hate you for it, the first step is to go to the authorities. I also assume that they filled up in order to have a level property and not one that slopes to the side—that's really hard to use.
 

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