ᐅ Fencing in Rhineland-Palatinate: Is a small fence allowed on private property?

Created on: 28 Jun 2023 15:05
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kati1337
Hello,

I have reviewed our development plan, and there is no mention of fencing. I have now contacted the local authority again and am waiting for a response regarding any special regulations, but as far as I can tell, the general law of Rhineland-Palatinate applies. So far, I haven’t found much except: If a neighbor has a justified reason, you must fence; otherwise, you may fence but only on your own property, unless you agree to place it on the boundary.

I personally don’t insist on a fence directly on the boundary. I would like to fence at my own expense and not too high—1.2 meters (4 feet) would be fine if necessary. My main concern is simply to know where our property ends and how far we can plant things.

Now, in the building regulations of Rhineland-Palatinate, I found only this:

Gesetzestext zum Grenzabstand von Einfriedungen §42


Am I right in understanding that this applies only if we border agricultural land? What distance do we need to keep from the boundary with our 1.20-meter (4 feet) fence? Could we also build a 1.80-meter (6 feet) fence? The text says this:

Foto eines Gesetzestextes: §39 Einfriedungspflicht, Abs. 1–2, Nachbarschutz.


I don’t think anything special is considered “customary” here. Some neighbors have welded mesh panel fences; others have chain-link fences.

Last but not least: What would be an affordable way to build a permanent fence? I find welded mesh panels (without those terrible plastic parts) quite acceptable visually. Chain-link fences are a bit old-fashioned, but I could also live with that. I would plant vegetation in front anyway, so the look is not very important to me. It just shouldn’t cost an arm and a leg.
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WilderSueden
28 Jun 2023 16:18
kati1337 schrieb:

The next problem is figuring out where the property line actually runs. In Lower Saxony, we had posts in the ground at all the corners of the plot. Here, one boundary line has been cut into the curb, one had a boundary marker (which someone pulled out), and at the back where there is no street, I haven’t found anything that looks like a property line at all.

Ask your neighbor if they know where their property ends. Given the removed boundary marker, you’ll probably have to hire a surveyor.
kati133728 Jun 2023 16:29
WilderSueden schrieb:

Ask your neighbor if they know where their property line ends. For the extended boundary point, you will probably need a surveyor.

The neighbors who are also building new don’t know either; I’ve already talked with them. They’re also unsure where the back of the property ends and believe that the neighbor below partly encroaches on their land. That’s quite possible. It was unused grassland for many years, and on our property, the neighbor below also had some things, but he removed everything when work started on our side.

Who is responsible for hiring the surveyor regarding the extended boundary point? I did not extend it myself, so I’m not sure why I should cover the cost.
11ant28 Jun 2023 16:36
kati1337 schrieb:

My sister has chickens, and their eggs are so _different_, it’s amazing. ^^

Gabriele @fach1werk also has some, in a self-built coop 🙂
WilderSueden schrieb:

With the displaced boundary marker, you’ll probably need a surveyor.

During the staking out, someone must have been there last; they should be able to give you a tip...
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
kati133728 Jun 2023 16:40
11ant schrieb:

For the staking out, someone must have been there last and should be able to give a hint...
Well, what do you mean by hint—when I last saw the boundary marker, it was lying on the ground within a 30cm (12 inches) radius of its original location. But that’s not really precise enough to build a fence close to the boundary—but not exactly on it. ^^
11ant28 Jun 2023 16:50
kati1337 schrieb:

Well, what do you mean by tip? The last time I saw the boundary marker, it was lying on the ground within a 30cm (12 inches) radius of its original position. But that’s not really precise enough to build a fence close to the boundary—yet not exactly on the boundary. ^^

In the worst case, you would end up leaving about 0.3 m (1 foot) of your property unused or unintentionally using your neighbor’s land (if they also don’t know their boundary). Doesn’t this boundary stone also concern the next neighbor who will, in any case, need to hire a surveyor? ... Have you reported this violation anywhere—the marker is, after all, a legal document?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
kati133728 Jun 2023 16:58
11ant schrieb:

In the worst case, you would leave 0.3 m (1 foot) of your land "unused" or effectively be using your neighbor’s land (who also doesn’t know their boundary). Doesn’t this boundary marker also concern the next neighboring property owner, who will have to get a surveyor anyway? … Have you reported this issue anywhere – after all, the marker is an official document?

Not yet, but I think I will.
I also wanted to check with the land registry office about where the rear boundaries are, whether any exist, and how this is handled.