ᐅ Terrace Wall Adjacent to Neighbor – What Should We Consider?

Yes, I’m sorry, I’m quickly writing on my phone. I’m trying to improve; I actually suffer from some health issues, partially causing this, which I don’t want to mention here. Still, that doesn’t justify my behavior, and I am making an effort. Apologies.

Now I’m dealing with the fence:
I want to have my own fence, 180cm (70 inches) is enough, on my property.

Ibdk14 schrieb:

A quick question for you: Do you write (quite fast) on your phone, which is why there are so many confused sentences or just simply misspelled words in your posts? I find it really hard to follow you. Everything seems extremely nervous and rushed. If you have dyslexia, that’s okay, but please check your posts again or have them reviewed. You’ve received a lot of help here, which apparently doesn’t come across to me. Many have tried to guide you in the right direction, but your latest post also leaves me somewhat puzzled. I’m still thinking about it...

What exactly didn’t you understand?
I’m working on the fence now. I would like to build a 180cm (70 inches) fence on my property along the boundary line—not directly on the boundary. The neighbor would like to build a 120cm (47 inches) fence right on the boundary. Regardless of the fence type, we don’t agree on the height. Since I don’t have the patience for the neighbor and, if there is any damage or other issues later on, I’d rather take sole responsibility for my part and liabilities, I want to build my fence on the boundary line.

My question again: is that allowed? I just reread the post about enclosure that was sent here and also googled a bit. I didn’t understand everything.

Did I understand correctly that I don’t have to enclose? The neighbor is not affected by us, or are we obligated? Are we both obligated? Am I even allowed to build a fence if he first builds his 120cm (47 inches) fence right on the boundary? Are we required to build the fence on the boundary line?

Just ask him—180 instead of 120 on the boundary line, but you pay for everything and it’s yours. Given Mr. Müller’s attitude, he might be happy about the “bargain.”
Gerddieter

Bauherrin123 schrieb:

You can just say yes and amen to everything yourself and let the neighbor do whatever he wants,

You call it "drama" when your neighbor does not want the same wall finish after he made a concession on the building height for you. On top of that, you want to dictate where he can have his barbecue area and build a fence that is 60cm (24 inches) higher than he wants. Because he doesn’t say yes and amen to everything, you insult him in a public forum. That is a no-go.
You seem to have completely lost any sense of proportionality.
This really has nothing to do with simply saying yes and amen to everything.

Bauherrin123 schrieb:

I want to have my own fence, 180cm (70 inches) is enough,

Bauherrin123 schrieb:

Did I understand correctly that I don’t have to enclose the property? The neighbor isn’t affected by us, or are we obligated?

So, what is it now? Do you want a fence or not, if it’s not mandatory?!
I assume you have small children, in that case you would usually put up a fence!
You can both install a fence on the property line, each one their own way. Whether that makes sense is another question!
By the way, I’m also writing only on my phone, but I can still think clearly enough to make what I write understandable.
The last comments and thoughts were probably directed at your husband, who no longer listens to you?

ypg schrieb:

So, what is it then? Do you want a fence or not, if it’s not mandatory?!
I assume you have small children, so you’d definitely put up a fence!
You can both put up a fence along the boundary, one side your way, the other side theirs. But is that really sensible?!
By the way, I’m also only using my phone to write, but I can think clearly enough so that what I write can be understood.
The last posts and thoughts seem more addressed to your husband, who apparently doesn’t listen to you anymore?

I want to understand the legal situation—what I must do and what I’m allowed to do. Of course, I want to build a fence, as I’ve already said several times. It should be 180 cm (71 inches) tall on my property along the boundary. The neighbor is in a hurry; we only want to build next year. I’m not insisting that he builds on his side; he can choose not to. I just don’t want him to build 120 cm (47 inches) on his side and then not allow us to build 180 cm (71 inches) on our side because a double fence is not permitted.

wiltshire schrieb:

You call it a "drama" when your neighbor doesn’t want the same type of wall finish after he already compromised on the wall height. Then you try to dictate where he can place his barbecue area and want a fence that is 60 cm (24 inches) taller than he wants. Since he doesn’t agree to everything blindly, you insult him in a public forum. That is a no-go.
You seem to have completely lost any sense of proportion.
This really has nothing to do with agreeing to everything without question.

What is the point of your comment now? I don’t feel the need to justify myself and I can do without your personal attacks. When exactly did I dictate where someone can have a barbecue area?
You’re allowed to build up to 2 m (6 ft 7 in) on the boundary. I agreed with him on 186 cm (73 inches), then he only wanted 180 cm (71 inches), and then the dispute escalated because we insisted on our 186 cm (73 inches). That’s hardly a genuine compromise. He built the foundation without our consent on our property; we tolerated it and then built on it—of course, we paid afterward. Why shouldn’t I insist on a reasonably standard privacy screen? I’m willing to build it on my property at my own expense. That is completely legitimate. I won’t respond to any further personal attacks. You’re free to skip commenting further or just ignore this thread if you wish.

Gerddieter schrieb:

Ask him: 180 cm (71 inches) instead of 120 cm (47 inches) on the boundary, and you pay for everything, and it’s yours.
Given Mr. Müller’s attitude, maybe he’ll be happy about this “deal.”
GD

I’m still waiting because the neighbor on the other side also wants 180 cm (71 inches) and definitely does not want to build lower since he’s also annoyed with Mr. Müller and wants to sit quietly in the garden with his children. Let them fight it out first. For the fence, I want to clarify exactly what I’m actually allowed to do first, then I’ll see what the neighbor wants—their opinion changes every few minutes anyway. If he’s willing to agree to 180 cm (71 inches), I will still offer it to him as you suggest, so it will be consistent. He wants it consistent as well but I don’t know what he’ll decide.

Bauherrin123 schrieb:

Question again, is this possible?

Let’s start with the fence on the property line. Your neighbor can request a standard boundary fence, and you are required to share 50% of the costs. If you don’t agree on a fence, you only have to pay your 50% share of the typical local boundary fence.

Next, there is another fence behind the shared boundary fence. This is also allowed, but you should keep some distance from the fence on the property line. Additionally, the fence must not harass your neighbor or cause an “unreasonable nuisance.” For example, a 2-meter (6.5-foot) high concrete wall as a fence would likely have to be removed if requested. A normal fence (such as a welded wire fence or similar) set back about 50cm (20 inches) is allowed up to 2 meters (6.5 feet) in height.

Limitation: Check the local development plan (building permit / planning permission), as it may include regulations that override general neighbor law.