ᐅ Neighbors want a new fence, even though there is already one in place.
Created on: 25 Sep 2017 13:46
S
sauerpeter
Hello everyone,
A quick question. On the right side of the property (about 70m (230 feet)), there is a chain-link fence, approximately 1.25m (4 feet) high. Behind it, the neighbors have a wooden privacy screen, the kind of panels you can buy at a home improvement store.
This weekend, the neighbor asked me what we were planning regarding a new fence. I told her nothing for now, since we’re still busy with the house, then the driveway, the terrace, and so on.
I’m not sure who actually owns the fence. Whether our right-hand neighbor put up the chain-link fence, or if it was there from the previous owner. I’ll check with him, he lives behind us.
But if there is already a fence there, do I really have to put up a new one? Especially since we would just install another chain-link at 1.25m (4 feet) height anyway (minimum requirement in Brandenburg). So why would I replace a fence with an identical one that’s just a different color? The current fence is still in good condition.
According to the neighbor fencing law, I am obliged to enclose the right side of the property. But there is already a fence there. If the fence was installed by the current right neighbor years ago, can he simply remove it and force me to put up a new one? I get the impression that they want a new fence....
Can anyone help? I mean, I might as well burn the money if I tear down a fence and put up an identical one in another color. That would be pointless...
A quick question. On the right side of the property (about 70m (230 feet)), there is a chain-link fence, approximately 1.25m (4 feet) high. Behind it, the neighbors have a wooden privacy screen, the kind of panels you can buy at a home improvement store.
This weekend, the neighbor asked me what we were planning regarding a new fence. I told her nothing for now, since we’re still busy with the house, then the driveway, the terrace, and so on.
I’m not sure who actually owns the fence. Whether our right-hand neighbor put up the chain-link fence, or if it was there from the previous owner. I’ll check with him, he lives behind us.
But if there is already a fence there, do I really have to put up a new one? Especially since we would just install another chain-link at 1.25m (4 feet) height anyway (minimum requirement in Brandenburg). So why would I replace a fence with an identical one that’s just a different color? The current fence is still in good condition.
According to the neighbor fencing law, I am obliged to enclose the right side of the property. But there is already a fence there. If the fence was installed by the current right neighbor years ago, can he simply remove it and force me to put up a new one? I get the impression that they want a new fence....
Can anyone help? I mean, I might as well burn the money if I tear down a fence and put up an identical one in another color. That would be pointless...
I always assumed there is an obligation if the neighbor demands it (so, on the right side of the property). If the neighbor doesn’t care, then there’s no requirement.
So, I’ll join this thread: our left neighbor has no boundary fence on our side—no fence for about 20 meters (65 feet), and for 10 meters (33 feet) he has a shrub hedge. I’ve told him twice that he should do something about the boundary... “Yeah, yeah, we’ll see, no money and no time.” Now he has moved out and wants to sell his house, but that’s not working, so he rented it out temporarily—to a large family. The youngest, 3 years old, knows no pain or limits and zooms through gaps in the hedge with his scooter, going through our carport onto our terrace. At least that was the case during the summer.
What happens if something goes wrong? For example, if my car under the carport gets damaged? And if nothing happens: do I start again with the new owners about the fence? Can they then claim customary law?
Whether the hedge or us are bothered, I won’t say—that kid is cute... I also won’t say that you shouldn’t pressure your neighbor but rather hope that if you mention it over a beer, it will be fine (after all, you want to get along well).
So, I’ll join this thread: our left neighbor has no boundary fence on our side—no fence for about 20 meters (65 feet), and for 10 meters (33 feet) he has a shrub hedge. I’ve told him twice that he should do something about the boundary... “Yeah, yeah, we’ll see, no money and no time.” Now he has moved out and wants to sell his house, but that’s not working, so he rented it out temporarily—to a large family. The youngest, 3 years old, knows no pain or limits and zooms through gaps in the hedge with his scooter, going through our carport onto our terrace. At least that was the case during the summer.
What happens if something goes wrong? For example, if my car under the carport gets damaged? And if nothing happens: do I start again with the new owners about the fence? Can they then claim customary law?
Whether the hedge or us are bothered, I won’t say—that kid is cute... I also won’t say that you shouldn’t pressure your neighbor but rather hope that if you mention it over a beer, it will be fine (after all, you want to get along well).
ypg schrieb:
I always assumed that the fence is mandatory if the neighbor requests it (for example, on the right side of the property). If the neighbor doesn't care, then it’s not required. At least that’s what the relevant laws say, which I quickly looked up out of curiosity. In some cases, it explicitly states that if the neighbors agree, a fence does not have to be installed.
I can’t say how this applies legally or in terms of liability in your specific case.
We seem to be talking past each other a bit. Of course, a fence can be useful. It’s also true that there are attractive examples. But I’m allergic to obligations. If Mr. and Mrs. H. next door and Mr. and Mrs. Karsten, all without children but with scooters, can live well next to each other without a fence, then in my opinion no legislator should impose a rule saying that there must be one. Clear? Karsten
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