Enclosure (Fence) in Brandenburg - Understanding Questions

  • Erstellt am 2020-07-09 15:12:15

user281

2020-07-09 15:12:15
  • #1
Hello,

we are currently building our single-family house in Brandenburg. As a layperson, I am trying to roughly familiarize myself with legal regulations regarding fencing and planting. Have I understood the following correctly?

1. Regarding fencing:
we would have to erect a fence on our property towards Neighbor 1 (turquoise), Neighbor 2 would have to erect one on their property (red).
=> due to the small boundary with Neighbor 3, we would have to agree with both Neighbor 3 and Neighbor 4 on a fence between our properties. An agreement on a specific fence could be made with Neighbor 3, but no common fence found with Neighbor 4, which would mean that theoretically we could build the common fence with Neighbor 3 on the short property boundary, but for Neighbor 4 we would have to erect the minimum standard fence (chain-link fence, about 125 cm height) in such cases. Correct?

(§§ 26 ff Brandenburgisches Nachbarrechtsgesetz)

2. Since we border a public road at the top, theoretically we wouldn’t have to build a fence, right?

3. Our general contractor told us at the time that on every property either two deciduous trees or four fruit trees would have to be planted (this applies to all properties larger than 300 m2). However, I couldn’t find anything about this.
3.1. Where could something like this be stated?
3.2. An acquaintance from Brandenburg also heard that it is possible to plant only one deciduous tree on one’s own property if the second one is planted in the municipality as compensation. Has anyone ever heard of this?

4. The properties of Neighbor 1 and Neighbor 2 have not yet been developed (new development area). Do obligations change if the neighbors have not yet planned any buildings, or does the fencing obligation apply to every property owner, so that Neighbor 2, for example, would also have to start fencing? If yes, how long would they have to do so? I couldn’t find any deadline for fencing.

Many questions, I know. I am still grateful for any answers!
 

Escroda

2020-07-09 19:07:03
  • #2

Yes.

Yes.

Yes.

Yes.

- In the development plan
- Green space and design statute

Yes.

No.

Yes, at least in the new development area.

Reasonable. What that means must be determined in discussions with the neighbor.
 

ypg

2020-07-10 00:28:18
  • #3
Question: Is there a fencing requirement?
 

user281

2020-07-10 06:03:26
  • #4
Thank you for the answers.

Yes, there is a fencing requirement, but only on the sides and at the back, not on the side that borders public traffic areas, which in our case is the street. On these sides only hedges or "fences planted through hedges up to 1.20m" would be allowed. Although I am not exactly sure what that is supposed to mean.
 

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