ᐅ Boundary Design – Neighbor Wants a Fence, We Prefer a Hedge

Hello.
We want to plant a Portuguese laurel (Prunus lusitanica) in our garden in October. Our neighbor and we have both recently built new houses. I spoke with him because I wanted us to place the hedge directly on the boundary line and share it between us.
He then told me that he wants to have both a fence and a hedge because he is planning to get a dog in the future.
He implied that he will now only install a fence. We are already planting the hedge. Additionally, we are supposed to keep enough distance so that the fence will not be damaged by the hedge.

How should the border setbacks be maintained now? The development plan doesn’t really specify anything about this. Online, I only found that in Lower Saxony (Nds) a distance of 50cm (20 inches) from the boundary should be kept for hedges. If he installs the fence on the boundary line, I would still need space behind my hedge to trim it. That would mean I have to stay at least 1.5 meters (5 feet) away from the boundary, right? Besides the significant loss of space, this would be inconvenient because our garage is already built on the boundary line. I actually wanted to start the hedge close to the garage. Is he even allowed to put the fence directly on the hedge?

Tx-25 schrieb:

Is it even allowed to build the fence directly on the hedge?

Not on the hedge, but on the property line. What exactly does your local neighbor law say (I'm a bit too lazy to look it up right now). Here in North Rhine-Westphalia, there are relatively clear rules about what can be done and how.

Tx-25 schrieb:

In Lower Saxony, you have to keep a distance of 50cm (20 inches) from the property boundary when planting hedges.

Hello Tx-25

you already wrote it yourself: plant the hedge so that there is 50cm (20 inches) between it and the boundary. If it spreads, you just have to prune it back. 50cm (20 inches) is enough space to work between the fence and the hedge.

Steven

nordanney schrieb:

Not on the hedge, but on the property line. What exactly does your local neighbor law say (I’m just too lazy to look it up right now). Here in NRW, there are fairly clear rules about who can do what and how.

Oops

I’ll check that out. I didn’t even know where else to look.

Tx-25 schrieb:

On the internet, I can only find that in Lower Saxony, a distance of 50cm (20 inches) from the property boundary must be maintained for hedges.

IF the hedge does not exceed 2 meters (6.5 feet) in height, yes.

Tx-25 schrieb:

If he places the fence directly on the boundary, then I still need to be able to trim behind my hedge. That would mean I need to stay at least 1.50 meters (5 feet) away from the boundary, right?

The so-called “hammer blow right” according to § 21 of the State Neighbor Law grants your neighbor the right to enter your property only to carry out repair work on their house. However, this does not apply to trimming a hedge. Therefore, there is no legal right for your neighbor to enter your property to trim their hedge. You should be able to manage everything from your own property.

Tx-25 schrieb:

Is he even allowed to place the fence directly on the hedge?

It is his boundary, of course. You were even allowed to build a garage there! A fence is much less invasive in comparison...

@Scout that seems to be your area of expertise.
I will have to make sure to keep the required setback distance from the fence when cutting.
Or I might wait another year or two and have him plant a hedge instead. That way, I’d have space and peace.

I find it a bit unfair that the first one to arrive has to deal with all the disadvantages.