Install a fence next to the property boundary

2019-03-14 07:51:21

Correct note: The development plan or other municipal statutes take precedence regarding the type of boundary development. Otherwise, the obligation to cooperate remains, meaning to seek a conversation and check what the neighbor wants, perhaps a solution can be found.

2019-03-14 15:25:29

Sounds so simple: What belongs to me, I can do whatever I want with - but unfortunately it is not. In Hesse, according to neighbor law, when two neighboring properties are developed, both neighbors must jointly participate in the construction of the boundary structure (§ 14 para. 1 sentence 2). This must then be built on the common boundary (§ 14 para. 2). It must be a locally customary fence, in case of doubt a chain-link fence, 1.2 m high (§ 15) and both must bear the costs (§ 17).

Regarding your question: The neighbor is right insofar as the fence must not actually run on your property, but on the common boundary, and that you must coordinate with each other in this respect. According to case law, it is not permissible, for example, to build a fence together on the boundary and then directly behind it on one’s own property a separate boundary that contradicts the appearance.

Therefore, I would recommend not just building away, but actually continuing to seek discussion.

2019-03-14 15:37:54

Thank you for the answers!

We assumed that we were allowed to build a fence on our own land as we liked. The neighbors on the other side did the same. We had curbstones installed on our side afterwards. That was okay with us, and we did not question it further. But now I know, and we will probably not avoid talking to the neighbor. Maybe we should take out legal protection insurance as a precaution.

2019-03-14 16:35:18

What is going on there? Wasn't there any conversation with each other before the project start?

2019-03-14 20:07:19

What’s going on there? Wasn’t there any conversation between you before the project started?

No, there was no conversation right before. The neighbor is also not on the same wavelength as us. There have already been several awkward situations, which I don’t want to go into here. With neighbors, you can have either luck or bad luck.

We will definitely clarify this now. We have arranged an appointment with the surveying office for the setting of the boundary points. The neighbor just has to let us know if he can make the appointment. After that, the curbstones can be set, and a fence can be agreed upon.

2019-03-14 22:36:10

Maybe we should proactively get legal expenses insurance

Nonsense! That is called intent!

Similar topics
08.06.2017	How high is the fence allowed to be?	14
28.09.2017	Neighbors want a new fence, even though there is one already.	25
09.08.2018	Fence as sound insulation towards the neighbor. What inhibits sound the best?	27
18.08.2020	Natural garden with hedge instead of fence	98
11.10.2019	Fence incorrectly installed after subsequent slope	10
24.12.2019	Height of the fence to the neighbor and windows in the boundary construction	59
31.08.2023	Fence wanted - pictures and suggestions welcome!	33
01.05.2020	New construction - Fence for the construction road and neighbors	10
08.09.2020	How to best cover a fence post?	10
26.09.2020	Border design - neighbor wants a fence, we want a hedge	29
16.08.2021	Wood privacy fence - planning over the top? Alternatives?	114
07.06.2021	Angle grinder to cut multiple paving stones and curbstones?	15
25.08.2021	A fence in front of the fence permissibility	21
30.11.2021	Enclosure - Fence or no fence / what do we need to consider?	28
09.02.2022	Fence during new construction (Bavaria), neighbor boundaries	11
07.04.2022	Who actually owns which fence?	17
27.07.2022	Concrete in WPC fence post	10
03.07.2023	Neighbor has erected a 180cm high fence without final coordination	72
02.07.2023	Fencing in RLP: Is a small fence allowed on private property?	40

Install a fence next to the property boundary

Egberto

Faleha82

Faleha82

hampshire

Faleha82

ypg