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

Mike: Nope. If that exists, no one cares. It has been forgotten. You can, but you don't have to.

Was curious earlier because you looked so surprised. (Well, your answer). It is also stated in the neighboring law SH. However, here fencing is only required upon the neighbor’s request. It is still called the fencing obligation.

I always assumed that there is an obligation if the neighbor demands it (so the right side of the property). If the neighbor doesn't care, then you don't have to.

So I'll join this thread: our left neighbor doesn't have any fencing on our side, so no fencing for 20 meters, and on 10 meters he has a shrub hedge. I told him twice that he should do something regarding the fencing... "yeah yeah, we'll see, no money and no time." Now he moved out, wants to sell his house, but that won't work, so he has temporary tenants – a small large family. The youngest, 3 years old, knows no pain and no boundaries and races with his scooter through gaps in the hedges through our carport onto our terrace. At least that was the case in the summer. What happens if something happens now? My car under the carport, for example? And if nothing happens: do I have to start again with the new owners about the fence? Can they then rely on customary law?

Whether the hedge or us are bothered, I won't say anything about that; the kid is cute... I also won't say anything about the fact that you don't put pressure on your neighbor, but hope that if you casually mention it over a beer, it will be fine (after all, you want to get along well).

I have always assumed that the obligation exists if the neighbor demands it (i.e., the right side of the property). So if the neighbor doesn't care, you don't have to.

At least that's what the respective laws say, which I curiously read through briefly. In some cases, it also explicitly stated that if the neighbors agree, you don't have to erect a fence.
How it looks legally and in terms of liability in your case example, I cannot say.

We are talking past each other a bit. Of course, a fence can be useful. It's also true that there are pretty examples. But I am allergic to obligation. If Mr. and Mrs. H. next door and Mr. and Mrs. Karsten, all without children with scooters, can live well next to each other without a fence, then in my opinion no legislator has the right to impose and say that there must be one. Clear? Karsten

Karsten, , what do you say about my problem?