Neighborhood Law Saxony / Boundary Construction

  • Erstellt am 2019-05-03 01:35:53

jucre45

2019-05-03 01:35:53
  • #1
Hi everyone,

I don’t quite understand the legal texts or they don’t make sense to me, so I would be happy if someone could possibly explain it to me.

Our neighbor has put a 9m prefabricated garage on the property line, which is legally watertight. But since he has dogs, he will now put a fence on the right and left of the garage on the boundary. Is he allowed to do that or do I have to go along with it? I definitely won’t pay for it, because we want a hedge, not a fence. He might also want to even out the height difference between the properties with L-bricks, which doesn’t make sense to me with a difference of 20cm. Does he have to put these on his property or is he allowed to put them on the boundary?
And lastly, and unfortunately I have only found this so far for enclosures: Should he have notified us that he is placing the garage on the boundary?

For some this may sound like kindergarten (and it probably is), but we are currently quite annoyed that after years of “friendship” we are being faced with faits accomplis like this. The garage already restricts us a lot, and I would rather not make any further unpleasant compromises. Especially because we risk the next neighbor putting a similar concrete block in front of us on the gable side.
 

HilfeHilfe

2019-05-03 02:08:15
  • #2
Oh nooooo
 

tomtom79

2019-05-03 04:57:50
  • #3
He is allowed to put the fence on the boundary; you even have to provide him with the workspace.

The garage is also allowed to stand on the boundary without your permission, but once the 9 meters are used up, it's over.
 

quisel

2019-05-03 07:12:08
  • #4
Yes, that's exactly what it is.

Sure, it would have been the polite thing to discuss this with the neighbors beforehand – but what would it have changed? Your neighbor needs (or wants) the garage. He bought a property and is allowed to use it fully within the framework of the state building regulations / land use ordinance / development plan. Honestly, in the end, I am on your neighbor’s side here. Sure, you can talk to the neighbors and maybe take one or two points from them purely as a sign of goodwill (e.g., directly provide a trellis on the garage wall, etc.). But anything beyond that is ultimately unrealistic. Not a single stone would be placed on a property if you limit yourself to the condition that the neighbor must fully agree. Therefore, I actually only see such a conversation in the context of "For your information...".

Now he wants to build a fence so the dog doesn’t run onto your property – I actually see that as a positive, especially since fence and hedge are not mutually exclusive.

Turning this into the beginning of a multi-generational neighborhood war is not worth it in any way.
 

Escroda

2019-05-03 07:21:05
  • #5
If the fence is customary for the area, he is allowed to do that. Since it is not an enclosure, he must stay on his own property. However, for the construction phase, according to §24 SächsNRG, you must temporarily allow him to use your property. No. §70 SächsBO stipulates neighbor involvement only if the regulations protecting neighbors are to be deviated from.
 

ypg

2019-05-03 08:35:13
  • #6




Just reflect again and consider who here is playing the clown role and who the hero role.

Friend or no friend: He is allowed to do certain things just like any builder. In our case, it is even legally required that if a dog moves in, the property must be secured with a fence. You don’t have any disadvantage from that. You can still plant your hedge.
It’s not a game, ... why should you pay? ... Things from others do not have to make sense to you...

So don’t take it personally and the next barbecue invitation should come from you (your wife and you) to show a sign that the fuss is unnecessary. Even if other factors play a role in why you are angry: just try to look at it neutrally from a bird’s-eye view.
 

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