ᐅ Fence height on neighboring property, fence on property line?

Hello everyone,

We live in a row house development, and the neighbor would like to build a fence. That is basically fine with me and also suitable for my privacy.

However, the neighbor’s property is about 70 cm (28 inches) higher, which means that if they build a fence on their side, it will automatically be 70 cm (28 inches) taller on my side. Additionally, the fence has to be built on the property boundary because otherwise, it is not really possible to install a fence there.

My main concern is actually the light. The fence would be on my west side. Depending on the design of the fence, very little or almost no light would pass through.

What are the rules regarding the height in this situation? I know the general maximum is 2 m (6 ft 7 in), but what happens if the neighbor’s land is higher? What say do I have if the fence is built on the property boundary? I am mainly concerned about the sunlight. Thanks in advance.

HubiTrubi40 schrieb:

The neighboring property is about 70 cm (28 inches) higher, so if they put up a fence on their side, it will automatically be 70 cm (28 inches) taller on my side.

Yes, in an old development area, building regulations or planning permissions are not very helpful for calculations—this requires a practical approach using observation, intuition, and common sense.

It was the same with our old semi-detached house: we were on higher ground, and at that time we didn’t know about neighbor rights.
So, we installed a wild fence with loose shrub planting in front, allowing us to benefit from the neighbor’s garden view: we enjoyed a nice „distant view“ into their beautiful garden. Only near the terrace did we create a small section about one meter (3 feet) high for privacy.

It’s important to distinguish between privacy screens and fences.
Welded wire mesh, chain link, wild fences, woven wire fences, picket fences, wooden fences, slatted fences—all of these should not worry you.
Privacy fences are a different matter; for those, I’d recommend checking your local neighbor laws or regulations and discussing the plans with your neighbor.

HubiTrubi40 schrieb:

My main concern is actually the lighting. The fence would be on the west side of my property. Depending on the type of fence, very little or almost no light passes through.
What rules are there regarding height – I know the 2 m (6.5 ft) maximum, but what happens if the neighbor’s land is at a higher elevation? What rights do I have if the fence is built on the property boundary? My main concern is sunlight. Thanks in advance.

Your say in this matter is irrelevant if both of you agree to make the decision together. I don’t see the municipality acting as a regulator in this particular case of a fence built solely between you two. The legal question is settled; now the practical issue can be addressed. And it’s not really complicated: build a two-part fence in terms of height; for example, the lower part, where light is not critical for you, out of wood. The upper part can then be made of plexiglass. A vehicle lettering specialist can apply a film so that it has high translucency while remaining opaque to sight (you probably know this from buses covered in decals), with a “wood fence” decorative pattern. Problem solved, now I can watch the sports show.

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11ant schrieb:

Problem solved, now I can watch the sports show.

You could have started watching 10 minutes earlier anyway 🙄

11ant schrieb:

builds a fence divided into two height levels; for example, the lower part, which is not critical for light on your side, made of wood. The upper part then made of plexiglass. A vehicle sign shop can apply a film to it that provides high translucency while maintaining privacy (you’ve probably seen this on buses fully covered with advertisements), with a decorative motif like "wooden fence." Problem solved,

Thanks for the tip. So before I build a plexiglass fence, I’ll try to find a compromise regarding the height.
Because of the legal situation. Why is it said everywhere that a fence on a property boundary only works with the consent of the neighboring property owner? Is it different with terraced houses? I’m not against having a fence, but I don’t want one that shades half of my garden due to its height, which is actually not the intention.
Still, I’m simply interested in the straightforward legal basis or whether the zoning plan / building permit regulations override the legal requirements here. Just out of curiosity. Also because my brother recently had a dispute about a fence with his neighbor.

HubiTrubi40 schrieb:

Why is it always said that a fence on the property line requires the consent of the neighbor whose property borders it?

_On_ the property line means on something that belongs to both parties. Of course, that requires agreement.
Usually, when someone decides to build a fence, it is erected _in front of_ the property line on _their own_ property. This will likely be the case for you as well, since the property line itself is practically unsuitable for a fence because of the offset.