Property boundary, design, responsibilities, neighborhood law

Hello,

we met with our future neighbors over the weekend.
The neighbors want to move in this year and wanted to inform us how they imagine the property boundary (Carport, hedge, height level).
For us, only the base slab has been poured so far. Since winter is just around the corner, I assume we won't be moving before the middle of next year. For this reason, I haven't dealt with the topic of property design/responsibilities yet.

The neighbor thought that they would be responsible for the right side, which would basically suit us as well. Nevertheless, after the meeting, I looked into the legalities. However, I found nothing about this in Saxon neighborhood law. Could this be regulated somewhere else if he is so sure? I would rather not ask him about it now and give him bad ideas.

Regards Musketier78

Hello,

Hello,

we met with our future neighbors over the weekend.
The neighbors want to move in this year and wanted to let us know how they imagine the property boundary (carport, hedge, elevation).
For us, only the foundation slab has just been poured. Since winter is just around the corner, I assume we won’t be moving before the middle of next year. For this reason, I haven't dealt with the topic of property design/responsibilities yet.

The neighbor thought they would be responsible for the right side, which would basically suit us. Still, after the meeting, I looked up the legal regulations. But I found nothing about it in Saxon neighbor law. Could it be regulated somewhere else if he is so sure? I don't want to ask him about it now and give him any silly ideas.

You can find all relevant regulations – including lengthy planting requirements – in the textual stipulations of the development plan. Which neighbor implements what on which side is usually completely irrelevant to the building authorities. Therefore, you can confidently agree with your neighbor on an approach as long as it stays within the given requirements. Just make sure that he stays on his side of the property.

Rhenish regards

In Lower Saxony neighborhood law, we have something like this:

SIXTH SECTION
Enclosure
§ 27 Obligation to Enclose
(1) If built-up or commercially used properties adjoin each other, each owner of such a property may demand the enclosure from the neighbors according to the following rules, unless otherwise specified by individual agreement:
If properties lie directly next to each other on the same street or path, each owner has to enclose the border to the right neighboring property. The right neighboring property is the one that lies to the right when viewed from the street (the path). This also applies to corner properties, including those bordering three streets or paths.
If a property lies between two streets or paths, the property that lies to the right on the street (the path) where the main entrance of the property is located is the right neighboring property in the sense of No. 1 sentence 2. Moving the main entrance does not change the obligation to enclose without the neighbor’s consent. For corner properties, No. 1 applies regardless of the location of the main entrance.
If both neighbors have to enclose at a boundary according to No. 2 in connection with No. 1, they must enclose jointly.
At boundaries to which neither No. 1 nor No. 2 of this paragraph apply, especially at rear boundaries on both sides, the enclosure must be done jointly.
As far as the boundaries are occupied with buildings, there is no obligation to enclose.
(2) As far as enclosures are not customary in a part of a locality, there is no obligation to enclose. § 29 para. 2 remains unaffected.

In our development plan it only states how the fence has to be designed (height and material).

Check again with you guys :)