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

: I'm completely stuck, where are we talking past each other? In my opinion, no one wrote anything here about whether it's sensible or not!? As for the obligation, if I’m not mixing things up, every law I’ve read includes the part "at the neighbor's request." Therefore, it’s more a right of the neighbor to demand a fence. Whether it’s sensible or not, let’s leave that aside. (We will only fence because we have a dog. Otherwise, we don’t actually need the fence.)

PS: Your

Clear?

sounds a bit aggressive, (but I’m also feeling sensitive today)

uh, the topic is drifting off ... time for imagination. So, given two properties, A on the left, B on the right. Neighborhood law states that one must fence their right boundary upon request. B demands this from A, A neglects it. A also has a son. B, on the other hand, has a pool in the garden, which is secured towards the street by a fence (duty of care). Now B's son drowns in A's pool. Who is "at fault"? And good night.

Here with us there is no general obligation to enclose. Troublemakers have to fence themselves in, otherwise you may enclose yourself, but you don't have to. And certainly not on demand (which I personally think is the biggest nonsense).

If the neighbor's three-year-old rides his scooter into your properly parked car, nothing will likely happen. He is neither liable for damage to your car nor will you have to be liable for possible injuries to the child. His parents would only be liable if they violated their duty of supervision. Was that your question?

Is the fence on your property? Then in my opinion you would be on the safe side. It does not matter whether you built the fence yourself or bought it along with the property. I would simply do nothing then.

The neighbor asked you what you have thought about regarding a new fence, and now you are wondering what she might have meant by that instead of simply asking her what she means?

Sauerpeter bought a fence. Just because the neighbor does not approve of it, he does not have to buy a new one. The obligation to enclose refers in my opinion to the property (right side) and not to every new owner.

Depends ;-). (Among other things on the age of the son.) ...
If the neighbor’s three-year-old rides his scooter into your properly parked car, nothing will likely happen. Neither is he liable for damage to your car nor will you have to be liable for possible damage to the child. His parents would only be liable if they breached their duty of supervision. That was ....

The three-year-old would (like a dog) have a barrier that prevents him from getting directly onto our property through our carport. We don’t have a pond, luckily. But we have other things in the garden that could be no less dangerous. The hedge plants are also not exactly the most resilient.

But they are only tenants... I do not even have the address to warn the owner. Maybe the way via the building or regulatory office would be the right one? [emoji848]

Oh, how I love my Swabians, here the fence can never be high enough.