Who actually owns which fence?

2022-04-05 17:02:25

Basically, as far as I know, no one is initially obligated to put up a fence. If it's the neighbor's fence, you obviously have to repair it. If it's yours, you can do whatever you want (of course, there must be no risk of injury). If it’s a shared fence (which I personally have never experienced), you also have to fix it if you damaged it. So the deciding factor is who owns the fence. But this is all just a layperson's opinion.

That you can be obligated to build a fence by the development plan is, I believe, extremely rare. I haven’t read anything like that anyway.
Check your cadastral extract to see if boundary markers are indicated. If so, they should be findable. That can at least give you an idea if the fence belongs to you, if it stands on your property (but it doesn’t have to). If not, I would have them placed when the house is surveyed. Otherwise, there will never be peace at the border.

Why don’t you just ask the dog neighbor if it’s his fence?

Understood, so I first have to find out where the fence stands.

But if I understand correctly, if I can’t repair the fence so that it no longer poses a danger, I could simply remove it altogether, right? :)

I’ll fix the fence now and am sure the neighbor will come through smoothly, then I’ll ask him how he envisions things and whether he is sure who owns the fence.

2022-04-05 17:15:32

Caution, everyone here reflects their knowledge from their immediate vicinity and surroundings. However, [Nachbarscharfsrecht] is a state matter. You need to specifically inform yourself about the legal situation in BW.

For example, here in NRW it is the case that the fence can stand on the boundary and the costs are then shared by both parties. For Katja, it seems to be completely different ... there are also enclosure obligations, depending on the federal state.

2022-04-05 17:15:56

In Lower Saxony also: you are responsible for your right property boundary. However, I too am not familiar with it being mandatory, only possible. You may also do anything, so you may fence everything in. Basically, it applies: if you want your children and animals to stay on your property, you should put up your own fence. But if it is your "duty" side, then you should take care of it. You should read up a bit on your neighborhood law - ultimately, it is about remaining neighbors and ensuring a good coexistence.

2022-04-05 17:30:55

The Neighbor Law of Baden-Württemberg only recognizes a fencing obligation in the outer area to protect agricultural crops, but not in inner urban areas. In inner urban areas, neighbors must agree on the location and condition of property boundaries in the absence of more detailed regulations, unless local statutes or development plans must be observed.

Otherwise, the law on neighbor rights BW (Neighbor Law - NRG) applies in the inner area, here in the version of January 8, 1996

§ 11
Dead Fences
(1) A border distance of 0.50 m must be maintained for dead fences opposite properties used for agriculture. If the dead fence is higher than 1.50 m, the distance increases accordingly with the additional height, except for wire fences and barriers.
(2) For other properties, dead fences – except for wire fences and barriers – must maintain a border distance corresponding to the additional height that exceeds 1.50 m.
(3) Fences that are not at least 0.50 m away from the border must be arranged so that their maintenance is possible from the owner’s side of the fence.
(4) Freestanding walls with a distance from the border of less than 0.50 m may not be constructed leaning against the neighboring property.

2022-04-05 18:02:14

Great answer! Thank you very much!

My thanks also to all previous responders!

2022-04-06 15:34:41

In BW, the fence belongs to the owner of the property on which it stands. There is no obligation to enclose except as already mentioned by . Regardless, the dog owner is obliged to ensure that the animals do not come to you. Even just for insurance reasons… If there were no fence, he should erect one. Have the property surveyed and see where the fence stands. Then I would try to find a common solution. For example, we discussed our enclosure with our neighbor. It now has a different color than we originally planned. Good neighborliness is worth something. Anyone building in an existing area is always an "intruder."

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Who actually owns which fence?

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