ᐅ Coverage of Costs for Unwanted Fencing

Created on: 20 Mar 2025 17:54
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HGZT2025
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
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ypg
20 Mar 2025 21:11
And just like that, you can quickly upset your new neighbor in your mind.

It’s all a bit contradictory.
HGZT2025 schrieb:

According to the Hessian Neighbor Law

… you are obliged to cover half the costs. You have read and are familiar with the Hessian Neighbor Law. You know this.
And yet you write about YOUR expectations,
HGZT2025 schrieb:

My previous idea was that I would do it on OUR property at MY own cost.

That doesn’t add up.

Then you backtrack a bit: You first say that you don’t have the capacity of any kind yet to deal with a fence or garden design. Then you say you want something green. Then you say you want both a privacy screen and a hedge, and that you already had L-shaped blocks installed for that.
In my opinion, these are defensive arguments because you cannot do exactly what you want.

Then the “neighbor approached us” becomes a “put a gun to our head,” and you talk about submission. Is there no simple, normal way to deal with each other, where one asks, the other responds, you listen at first, chat, and agree on materials and schedule? Your neighbor law at least allows a tolerable compromise of a standard fence at 120cm (47 inches) height if you can’t reach an agreement. So you can’t be left completely disadvantaged.
HGZT2025 schrieb:

I don’t believe he will accept anything other than the fence he already wants on the other three sides anyway.

So far, that’s just your assumption. What one can read is that it’s actually you who does not want to put any restrictions on yourself.
In principle, you can vary your own property boundaries in many different and creative ways.
HGZT2025 schrieb:

Can I actually demand in return

So far, no one is demanding anything they are not entitled or able to ask for.
HGZT2025 schrieb:

I can’t find anything about deadlines.

This is generally governed by common sense. That actually works in your favor here. What counts is the built or utilized property. In my view, the house must be practically ready for occupancy for the timeline to start. From then on, the countdown applies, because the rule is:

Excerpt from a legal text on property and enclosure obligations.

Your house is still in shell construction and under construction, so legally it is considered not yet built.
However, you can understand your completed neighbor.
The principle is: arrive, inquire, sit down together, order… Overdoing everything doesn’t help anyone.

If I were you, I would reset a bit and try to speak to the neighbor on equal footing. He reaches out, you can accept a conversation calmly without thinking it’s a duel right away. Leave your weapon at home and instead bring some beer.
Like in a marriage, things generally work better if you briefly step back from your own wishes, listen, in order to pursue your own interests later. Not having to be asked repeatedly is part of that too. You can appeal to his reason and ask if the installation can wait until your earthworks for the rainwater connection are leveled.

You can also raise a question: what is the maximum height allowed for boundary fences where you are? 180cm (71 inches) or really only 120cm (47 inches)?
He has to take your height concerns into account and is not allowed to put a waist-high fence right in front of you.
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Arauki11
20 Mar 2025 21:21
There is a risk in situations like this of following Paul Watzlawick’s “instruction for being unhappy,” and we are probably all at least somewhat affected by this. It is easy to misunderstand a word and suddenly tension arises, especially since everyone is understandably stressed during the construction period.
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Arauki11
20 Mar 2025 21:40
Oops... I saved too early.
The neighbor can and should share their ideas with you. I think that’s better than them doing something without asking, leaving you wondering why. Also, they should keep their fence on their side of the boundary, and you should do the same.
Of course, they might have strange or self-serving opinions, which isn’t unusual. But only then can you suggest that you might go for a standard fence, like chain-link or a simple type from a landscaper, especially since you plan to plant continuous hedges or similar plants that will mostly hide the fence anyway, so you’d prefer not to spend too much money on it. As far as you know, a fence height of xy is required—why not agree to build one like that together?
We had a similar situation and didn’t want any fence at all on our large property. But we were almost the only ones here without one. The neighbor wanted to put their fence right on the boundary even before we started building our house because they have a dog. At the time, I wasn’t keen either, but with a smaller semi-detached house, it’s a bit different.
Here, we solved it by each taking on part of the work. My landscaper installed the edging and the posts, the neighbor supplied the fence panels, and we even dug part of it together. I’m not sure if the costs or effort were equal, but they were happy with it, and I was okay with it—even though I didn’t actually need a fence. Now the neighbor’s property is enclosed, and the rest is completely open.
I also felt a bit pushed at the time because if it were up to me, I would have built a nice wooden fence, but they didn’t want that since the surrounding fences are wire mesh panels.
The landscaper can also install simple sleeves for the posts, and you could build something wooden, maybe even together. If the neighbor sees you’re willing to compromise, they might do the same. You should or must try and not expect negativity right away. If they really give you a hard time, you can always say that you’ll follow the applicable rules and implement the generally required standards. A call to the local building authority / planning office should clear up any doubts about fence regulations.
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HGZT2025
21 Mar 2025 05:49
Basically, I can understand that he wants to sit in his garden during the summer. Fair enough, he’s been able to do that quite well so far and could do the same this year, but right now we're in a situation where, on one hand, the most important thing is a fence! I don’t know, but my idea of living harmoniously next to each other does not involve annoying the new neighbor with a fence right away (by the way, that kind of gives off the vibe of "I actually don’t want anything to do with you"): I would have expected him to come over, say a friendly hello, and after some small talk say something like, "By the way, we should talk about the fence and what we want to do about it when we get the chance. But first, come on over." At least, that’s my naive expectation…

But unfortunately, no. To be clear, I was addressed with the wording: “We have now hired a landscape gardener to put a fence around the property. It’s common to split the costs evenly. Will you pay your share?” Yeah, but what exactly are we talking about here? Is there a quote? Yes, but for everything? He can’t even tell us the cost for the middle section. When I asked if a hedge could be installed instead, he said yes, but behind the fence on your property. He doesn’t want a hedge. So much for rigid opinions. And this is precisely not my idea of “having a casual chat over a beer.”
ypg schrieb:

And then you backpedal a bit: you say once that you have no capacity whatsoever to deal with a fence or garden design. Then you say you want something green. Then you say you want privacy screening plus a hedge, and for that you have already had L-shaped concrete blocks installed. In my opinion, those are defensive arguments, because you can’t do what you want.

Well, having an idea is no guarantee it will be realized, and of course we need to plan ahead a bit for the groundwork. Installing L-shaped blocks afterwards would be quite difficult. There are 3m (10 feet) along the house where privacy screening could be attached. Behind that, you “could” plant a lower hedge (or a fence or whatever). Installing L-shaped blocks and having an idea is not the same as garden planning.
ypg schrieb:

Then it goes from “the neighbor approached us” to “being backed into a corner”, then you talk about submission. Isn’t there just normal cooperation for you—one person asks, the other responds, you listen, chat, and agree on materials and a schedule? Your neighbor law at least allows a reasonable compromise with a standard fence at 120cm (48 inches) height if you can’t agree. So you’re not going to break the bank.

So far, that’s your assumption. Reading it, it actually seems you’re the one who doesn’t want to accept any limitations. Fundamentally, you can definitely vary your property boundaries in many ways.

Okay, I’ll repeat: how do you feel about the statements: “We have now hired a landscape gardener to fence our property. It's common to split the costs evenly. Will you cover your share?”

“We were thinking about a hedge or some greenery as a divider?”

“You can do that on your side, behind the boundary fence.”
ypg schrieb:

Such things are usually governed by common sense. But that actually works in your favor. Legally, the relevant area is the developed or used property. In my opinion, the house should be more or less ready for occupancy for that to count. From that point on, things are calculated. Because it applies that:
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Your house is still under shell construction, still being built, so legally it’s considered not yet developed. But you can understand your neighbor’s standpoint.

The process should be: arrive, ask, meet, order… Overloading this doesn’t help anyone.

You could, however, appeal to his reason and ask if the installation can wait until your groundwork around the stormwater connection has been leveled.

He’s already hired the landscape gardener and wants to start NOW, no waiting for arrival or the house being ready for occupancy. Honestly, if I mention paragraphs of the neighbor law and say there’s still time, it doesn’t improve the mood.

I just see someone who is pushing too hard and causing stress. It’s not like he can’t already sit in a nice garden...
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HGZT2025
21 Mar 2025 06:15
Arauki11 schrieb:

Of course, he might have some unusual or self-serving opinions, which isn’t uncommon. Only then can you tell him that you might consider a standard fence, maybe chain-link or a simple type usually used by landscapers. But since you will be planting continuous attractive hedges or similar plants, the fence won’t be visible anyway, so you’d want to spend as little money as possible on it. As far as you know, a fence of xy height is required; let’s just agree to build one like that together.

...

I also felt a bit overrun back then, partly because if I were to build a fence, it would have been a nice wooden fence, but they didn’t want that because there are also welded wire panels (wire mesh) around.

Thank you for your reply. I think it will be similar here. I could also imagine a nice wooden fence or WPC, which wouldn’t even require hedges to look good 🙂 But that is obviously a different financial level compared to a standard welded wire panel fence. Let’s see what his garden landscaping contractor offers.
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HilfeHilfe
21 Mar 2025 06:46
You will be living next to it for the coming years. I wouldn’t make a fuss but rather approach it constructively. And maybe also mention that you are currently not ready for that.

Perhaps he will be understanding as well.