Do I have to notify the neighbor about building the fence?

  • Erstellt am 2017-06-30 16:06:30

kaho674

2017-06-30 16:06:30
  • #1
My husband and I disagree about whether we have to notify our neighbors about building the fence. The situation is as follows:

We built in an outer area. Three sides border three different farmers. The Schwengel right applied. We were told at the time of purchase that the area was expected land for farming. Accordingly, we also received the building permit. Meanwhile, the entire street has been declared building land. So we are no longer outside the designated building area. Theoretically, the Schwengel right no longer applies. At least we are unsure.
Since we have a relatively bold deer, we now have to put up a game fence. But of course, we want to place it as close as possible to the boundary. The three neighbors have not changed and none of them have built right next to us yet.
Now we are wondering whether we have to announce the fence construction to our neighbors and where we are allowed to place it. What do you think?
The fact is, if we kindly ask the neighbors, two of them definitely want the maximum possible distance so that they can still plow our land. That is very odd, they are not entirely unfriendly, but every blade of grass counts.
 

11ant

2017-06-30 17:03:30
  • #2

Before mowing, the farmer is obliged to check whether it is hiding in the grass.

Since your question almost four years ago , the law from before the Building Code has probably not changed. In this respect, I would assume a 0.6 m boundary distance in Saxony (and Lower Saxony).

Agrarheute (com) writes about this (in 10/2015):
"There is a notification obligation
Lawyer Nordmann also points out that anyone who wants to erect, remove, or significantly alter a fence at a distance of less than 0.6 meters from the property boundary, or wants to replace an existing fence in the boundary area, must notify the neighbor according to § 37 of the Lower Saxony Neighbor Law. If the neighbor then wants to invoke the Schwengelrecht, he is obliged to act quickly: He must immediately, that is without culpable delay, demand compliance with the minimum boundary distance of 0.6 meters (the requirements of § 31 Lower Saxony Neighbor Law must be observed).

Often, the parties involved do not know about the notification obligation from § 37 Lower Saxony Neighbor Law, and the communication to the neighbor is omitted. However, the Schwengelrecht is not forfeited in such a case simply because an immediate request to comply with the distance was omitted. On the contrary: If the neighbor did not notify the change, the property owner can still demand the removal of a new fence within an exclusion period of two years after its erection."
 

kaho674

2017-06-30 18:05:03
  • #3
You mean so it doesn’t get injured? I think the deer is faster. Otherwise, it regularly watches us during breakfast. Very cute when the suspicious ears stick out of the field. A few more months and it will eat from the hand. But unfortunately, the buck strips the tree bark. That is deadly for trees. So we have to do something about it now. That is very interesting. But as far as I know, the right to swing applies only in rural areas. We are no longer counted as such. Isn’t the right to swing now off the table there?
 

11ant

2017-06-30 21:01:01
  • #4
The swinging right does not require open countryside, it just requires a farmer.
 

Caspar2020

2017-06-30 23:06:14
  • #5
Well; it's not that simple. It depends on the [Bundesland].
 

kaho674

2017-07-01 08:35:41
  • #6
So we are in Saxony. It says:

§ 7 Distance from the boundary
(2) The obligation according to paragraph 1 [Schwengelrecht] expires if one of the two properties is part of a continuously built-up district or designated as building land in a development plan.

So I clearly read from this that the obligation for the boundary distance = 0.6m has expired since the entire land is now building land. Or? If that is the case, do I need to notify anyone? I can’t find anything except:
[I]
§ 4 Right to Enclosure

Every neighbor is allowed to fence their property. Common local enclosures may also be erected on the boundary.

[/I]
Basically, I can now just build the fence - I don’t even need to notify anyone, right?
 

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