Hello,
we are currently building our single-family house in Brandenburg. As a layperson, I am trying to get a general understanding of the legal regulations regarding fencing and planting. Did I understand the following correctly?
1. Regarding fencing:
We would have to build a fence on our property along neighbor 1’s boundary (turquoise), while neighbor 2 would have to build one on their property (red).
=> Because the boundary with neighbor 3 is very short, we would have to agree with both neighbor 3 and neighbor 4 on a fence between our properties. It could be possible to reach an agreement with neighbor 3 for a specific fence, but not with neighbor 4. This would mean that, theoretically, we could build the shared fence with neighbor 3 on the short property boundary, but in the case of neighbor 4, we would have to install the minimum standard fence (chain-link fence, approx. 125cm (49 inches) high). Is that correct?
(Sections 26 et seq. Brandenburg Neighbor Law)
2. Since our property borders a public road in this direction, we theoretically do not have to build a fence there, correct?
3. Our general contractor told us at the time that each property over 300m2 (approx. 0.07 acres) must have either two deciduous trees or four fruit trees planted. However, I could not find any official source for this.
3.1. Where could such a regulation be found?
3.2. A friend from Brandenburg also said that it might be possible to plant only one deciduous tree on one’s property if the second tree is planted somewhere else in the municipality as compensation. Has anyone heard of something like this?
4. Neighbor 1 and neighbor 2’s plots have not yet been developed (new development area). Do the obligations change if no buildings are planned by the neighbors yet, or does the fencing obligation apply to every property owner anyway, so that neighbor 2, for example, would also need to start building the fence? If so, is there a deadline for completing the fence? I could not find any information on timeframes for fencing.
Many questions, I know. Still, I appreciate any answers!
we are currently building our single-family house in Brandenburg. As a layperson, I am trying to get a general understanding of the legal regulations regarding fencing and planting. Did I understand the following correctly?
1. Regarding fencing:
We would have to build a fence on our property along neighbor 1’s boundary (turquoise), while neighbor 2 would have to build one on their property (red).
=> Because the boundary with neighbor 3 is very short, we would have to agree with both neighbor 3 and neighbor 4 on a fence between our properties. It could be possible to reach an agreement with neighbor 3 for a specific fence, but not with neighbor 4. This would mean that, theoretically, we could build the shared fence with neighbor 3 on the short property boundary, but in the case of neighbor 4, we would have to install the minimum standard fence (chain-link fence, approx. 125cm (49 inches) high). Is that correct?
(Sections 26 et seq. Brandenburg Neighbor Law)
2. Since our property borders a public road in this direction, we theoretically do not have to build a fence there, correct?
3. Our general contractor told us at the time that each property over 300m2 (approx. 0.07 acres) must have either two deciduous trees or four fruit trees planted. However, I could not find any official source for this.
3.1. Where could such a regulation be found?
3.2. A friend from Brandenburg also said that it might be possible to plant only one deciduous tree on one’s property if the second tree is planted somewhere else in the municipality as compensation. Has anyone heard of something like this?
4. Neighbor 1 and neighbor 2’s plots have not yet been developed (new development area). Do the obligations change if no buildings are planned by the neighbors yet, or does the fencing obligation apply to every property owner anyway, so that neighbor 2, for example, would also need to start building the fence? If so, is there a deadline for completing the fence? I could not find any information on timeframes for fencing.
Many questions, I know. Still, I appreciate any answers!
user281 schrieb:
We would need to build a fence on our property line with Neighbor 1 (turquoise). Yes.
user281 schrieb:
Neighbor 2 would have to build one on their property (red). Yes.
user281 schrieb:
Because of the short boundary with Neighbor 3, we would need to agree on a fence with both Neighbor 3 and Neighbor 4 along the lines between our properties. It could be that an agreement on a specific fence is reached with Neighbor 3, but no joint fence is agreed with Neighbor 4, which would mean that we could theoretically build the shared fence with Neighbor 3 on the short property boundary, but along Neighbor 4’s boundary we would have to build the minimum standard fence typically required in such cases (chain-link fence, about 125cm (50 inches) high). Is that correct? Yes.
user281 schrieb:
Since our property borders a public road on one side, we would theoretically not have to build a fence there, right? Yes.
user281 schrieb:
Where could such regulations be found? - In the development plan / zoning plan
- In green space and design regulations
user281 schrieb:
Has anyone heard of this before? Yes.
user281 schrieb:
Do the obligations change if the neighbors have not yet planned any buildings on their properties? No.
user281 schrieb:
Is the fencing obligation applicable to every property owner? Yes, at least in new development areas.
user281 schrieb:
If yes, how much time do they have to comply? A reasonable period. What exactly that means should be agreed upon through discussion with the neighbor.
Thank you for the responses.
Yes, there is a fencing requirement, but only for the sides and the back, not for the side facing public traffic areas, which in our case is the street. On these sides, only hedges or "fences planted with hedges up to 1.20 meters (4 feet)" are allowed. However, I am not exactly sure what that means.
Yes, there is a fencing requirement, but only for the sides and the back, not for the side facing public traffic areas, which in our case is the street. On these sides, only hedges or "fences planted with hedges up to 1.20 meters (4 feet)" are allowed. However, I am not exactly sure what that means.
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