ᐅ Definition of Fencing and Enclosures

Chriscross schrieb:
Is there a list somewhere of all types of enclosures? In other words, everything that falls under the term "enclosure".

In the text regulations of your zoning plan, there will at least be one that clarifies the expected or permitted types of enclosures.

Chriscross schrieb:
I would like to know if a lawn edging stone or a stone used to support the soil counts as an enclosure.

To clarify legally where the boundary lies beyond which your signs copied from Dagobert Duck saying "GO AWAY!" stand, depending on the judge, an unobstructed lawn edging stone may well be sufficient. From about 1 meter (3.3 feet) in height, judges are unlikely to disagree that the private property is clearly marked as such.

Posts in the corners with barrier tape between them are legally quite clear—but whether they are "allowed" under the zoning plan is another question.

For the offense of trespassing, it is generally not necessary to install barbed wire on top of the wall.

At driveways where you do not want to install a gate on the way to the garage, a change in the paving should also be enough to mark the transition to private property.

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To clarify and provide some background for my question:

First of all, I have thoroughly studied the development plan and can recite everything it contains by heart. Unfortunately, it does not define what counts as enclosures, and it seems I am the only one who has actually read the plan...

Our housing development is shaped like a "V." At the open side of the V, there is a lake. The plots run from the point of the V toward the lake, with pairs facing each other. The plots are divided into four zones (D to A, from outside to inside). Zone D (area for ancillary structures along the street), Zone C (building area), Zone B (garden), and Zone A (lawn area). The opposing plots meet at Zone A. According to the development plan, this Zone A area must not be enclosed (no shrubs, trees, hedges, fences, etc.), even if it belongs to me. Since the lake is lower than the plots and the land slopes down toward it, some owners have thought, "I’ll level my plot" (complete nonsense... sorry). This has ruined the overall appearance, and now everyone does as they please. The result is that the last plot by the water, which maintained the natural slope, now has a height difference of up to 1.5 meters (5 feet) compared to the neighbor who decided to level their land.

However, the neighborhood law states that you cannot burden your neighbor with soil falling onto their land (I don’t recall the exact wording). To comply with this, the neighbor would have to build a wall and/or install lawn edging stones. But these would be placed in Zone A, where no enclosures are allowed.

So my question is: Are lawn edging stones considered enclosures?

I hope this explanation was clear.

Bau-Schmidt schrieb:
Google.de finds everything.

Well then, show me what Google can do...............

I’m not sure if I fully understand everything.
But if the neighbor has built up the ground (1.5m (5 feet)), they must support it at their own expense towards the lower neighbor (retaining wall, L-shaped blocks... I don’t know what you mean by lawn edging stones in this context). The lower neighbor is not obliged to add any fill.
When in doubt, consult the local authority.

Alex85 schrieb:
I'm not sure I fully understood everything
But if the neighbor has added fill (1.5 m (5 feet)), they have to support it at their own expense for the lower neighbor (retaining wall, L-shaped concrete blocks... I’m not sure why you mention lawn edging stones in this context). The other neighbor does not have to add fill.
If in doubt, consult the local authority

That’s getting closer to the point. It’s not about the others adding fill, but about the person who added fill needing to "remove" it again—meaning the land in Zone A must be restored to its original condition.

By lawn edging stones, I also mean things like "L-shaped blocks." The height difference is not always 1.5 m (5 feet). My neighbor, unlike me, has leveled their land and is about 30 cm (12 inches) higher. They would only need to install L-shaped blocks. But even in Zone A (where fences are not allowed), all surrounding properties are lower, and the neighbor thinks they can simply add fill. My view, however, is: No fencing = no protection against soil slipping = the property must be adjusted to the others!

Chriscross schrieb:
It’s not about someone else having to add fill, but that the person who added fill must "remove" it again, meaning restoring the plot in Zone A to its original condition.

The fill must have been approved. Even if the removal was done "illegally," a full reversal is unlikely for economic reasons. More likely, there would be a penalty.

I wouldn’t follow your interpretation regarding the boundary fencing, but I can’t prove it. The retaining wall is meant to prevent soil erosion or landslides, not to serve as a boundary fence. Furthermore, as mentioned earlier, the person who added the fill is responsible; that means the retaining wall must be constructed and maintained by them—on their property! So, if anything, it would be their boundary fencing.

Arguing about the boundary fencing won’t help if your main goal is to have the fill removed. Aside from the fact that everyone will be against you, the first step is to contact the authorities. I’d also assume the fill was added to create a level plot, not one that slopes to the side—which is really impractical to use.