Neighbors want a new fence, even though there is one already.

Hello everyone,

a quick question. On the right side of the property (about 70m) there is a chain link fence, about 1.25m high. Behind it, the neighbors have such a privacy screen made of wood. Such walls as you can buy at the hardware store.

Now the neighbor asked me over the weekend what we have thought about regarding a new fence!!! I said at first, nothing at all, because we are currently still dealing with the house and then with the driveway and terrace, etc.

I am not sure right now whose fence it is. Whether our right neighbor put up the chain link fence or if it is from the previous owner. I will ask about that, he lives behind us :)

But if there is currently a fence there, then I don’t have to put up a new one, right? Especially since we would only do chain link again at 1.25m height (minimum requirement in Brandenburg). So why should I replace a fence with an identical one that only has a different color? The current fence is still in good condition.

According to the Neighbors’ Fence Act, I would be obliged to enclose on the right side of the property. But there is an enclosure. If the fence had been put up by the current right neighbor years ago, can he simply remove it and oblige me to put up a new one? I have the feeling they want a new fence....

Who can help? I mean, I might as well burn the money if I tear down one fence and buy and put up an identical one in a different color. It’s pointless...

So I would tell him that he is welcome to put up a new fence, but that he should also pay for it, and that you are satisfied with the old one. He can't expect you to buy a new fence with him unless the old fence is already broken or looks totally run down.

LG
Sabine

No, it’s still in good condition. That’s why I wanted to inquire first. But what if he put up the fence years ago? Can he then just tear it down, which would mean that I would have to put up a new one according to the [Nachbarschaftsgetz Brandenburg]? If that’s the case, I would have to pay him the current value, that’s what I read somewhere the other day.

With the current value and so on, there is in my opinion some regulation if the neighboring property is not yet built on or sold and then you basically set up the neighbor's fence (because it's his responsibility). Then the neighbor can have the time value reimbursed by the later neighbor for a customary local fence. Could possibly apply in your case.

If he has ever set it up, he can of course tear it down whenever he likes. It is his. Here you would then be obliged to be satisfied, as you have already written yourself (right fence your responsibility).

If the fence belongs to you because it was bought with the property, then leave it standing until you no longer like it or the fence can no longer fulfill its function.

Off topic I think I am in the madhouse.....Fence obligation. I can't believe it.

Off topic I think I'm in the insane asylum.....fence obligation. I can't believe it.

Exists in SH too..