ᐅ Coverage of Costs for Unwanted Fencing

Hello everyone,

We have attached our semi-detached house in Fulda (Hessen) to an existing, already completed semi-detached house. We are currently at the shell construction stage, and the windows are scheduled to be installed in three weeks. Until now, our plot was undeveloped.

Our soon-to-be neighbor recently approached us, saying that he would like to install a fence between the two semi-detached houses and has already spoken with a local landscaping contractor. He intends to fence his entire property and wants to start soon so that the garden can be used in the summer.

He approached me and said it is common for neighbors of semi-detached houses to share the cost of the fence placed in the middle and would like to have a joint discussion with me and his landscaper regarding the type and implementation of the fence. I honestly can hardly imagine that he would want anything different in the middle than what he chooses for the rest of his property.

To be honest, I feel a bit overwhelmed. I am already occupied with the shell construction, and garden planning is still quite far off. Frankly, I don’t currently have the time or financial capacity to also deal with garden planning. It should be noted that his house is slightly elevated compared to ours, so the terrace and garden level come into play.

Apparently, in Hessen, there is an obligation to enclose the property at the neighbor’s request...
"According to the Hessian Neighbor Law, the owner of a developed or commercially used property is obliged, upon request by the owner of the neighboring property, to enclose their property as long as the border to the neighboring property is not occupied by a building. If both properties are developed or commercially used, the owners of both properties are mutually obliged to cooperate in the construction of the enclosure (§ 14 HNRG)."

However, the fact is that we do not want a fence at all, and if anything, we would prefer a hedge or something similar, but not a conventional fence (which is also a permitted enclosure in Hessen). I also wonder if the neighbor can really put us under such pressure just because he wants to start NOW. He should be free to do what he wants on his own property, and I would never have thought of asking him to cover costs for a privacy screen or hedge that I might prefer.

Has anyone in Hessen experienced something similar?

Thanks

HGZT2025 schrieb:

The thing is, we don’t want any fence at all, and if anything, we’d prefer a hedge or something similar, but not a typical fence (which is also an accepted form of enclosure here in Hesse). I also wonder if the neighbor can really pressure us like this just because he wants to start NOW. He should be free to do what he wants on his own property, and I wouldn’t expect him to cover any costs for the privacy screen or hedge that I would prefer.

Read further in the paragraphs:

So you are only required to use a standard fence or alternatively a 1.2m (4 feet) galvanized chain link fence. However, this can be demanded. If his fence costs seven times more, he will have to significantly increase his share of the costs.

Thanks for the response.

I need to find out what is customary in this area. Then I’ll just pay for 12m (39 feet) of chain-link fence divided by 2.
Does anyone know by when this has to be done? I mean, does the fence have to be built immediately? I can’t find anything about deadlines.

HGZT2025 schrieb:

I’m currently at the shell construction stage, and garden planning is still quite far off. To be honest, I don’t have the time or financial capacity right now to also focus on garden planning.

Well, to be honest, a fence—which you need anyway—is not really something that requires detailed planning. And with a semi-detached house, it’s usually clear that something will go on the boundary between neighbors, right?
If I’m reading @nordanney’s source correctly, there’s an option for a 1.2 m (4 ft) high fence where you pay 50% of what it would cost for chain-link fencing. You just need to decide if a privacy fence would be sufficient or not. Then you’d be in a good position if they take care of the rest, wouldn’t you?

Basically correct, but as I mentioned, we have different levels between the house and the plot. We will still need to add fill because we want a ground-level terrace. The neighbors have a raised terrace, but their house is also situated higher. And if I think a bit further, I have to take that into account as well.

Can I actually request, in return, that the fence we want is built to include the privacy screening we need between the two houses? So, starting with a tall privacy screen that then transitions into a standard fence?

HGZT2025 schrieb:

Can I actually require that the desired fence be built in a way that includes the privacy screen we want for both houses? So first a tall privacy screen that then transitions into a regular fence?

I’m not sure if you can require that. But if the neighbor is pragmatic, they’ll probably see the advantage of doing it all at once.

I do want to gently criticize you, no offense intended: If there are level differences and you’re planning to add fill, plus a privacy screen, then the fence planning really should be done right at the start! Especially with a semi-detached house. It’s unfortunate this caught you off guard now, but in my opinion your strategy is what surprised you.