ᐅ Garden fence: on which side should the fence posts be placed?

Created on: 12 Jun 2023 12:23
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FrankChief
Hello,

We will be purchasing the garden fence together with our neighbors for our new build and have it installed along the property boundary.

We will have a welded wire mesh fence installed.

The fence panels will be placed exactly on the boundary line.

What are the advantages and disadvantages of having the fence posts installed on your own side versus on the neighbor’s side?
Tolentino14 Jun 2023 13:47
Who is actually responsible for building the boundary fence? Is it the neighboring property to the side or the one in front / behind?
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FrankChief
14 Jun 2023 14:10
There will only be fences built on the left and right sides. There is already a fence opposite.

I’m not sure who is responsible for this now, but I don’t think there is a legal obligation for a boundary fence on our right side.

Since all the neighbors have immediately agreed to contribute half, everyone was initially happy.

Now it’s just about the posts.
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Fuchsbau35
14 Jun 2023 14:21
Silly question: If the fence is built exactly on the property boundary, who owns it in case of doubt? For example, if the neighbor sells their house and the new owner wants to make changes?
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FrankChief
14 Jun 2023 14:40
If I went somewhere and the fence was exactly on the boundary but the posts were on the neighbor’s side, I would assume the neighbors built the fence themselves and that it belongs to them, or that the costs were shared between them at the time.

If the new owner wants to push the issue, they would need to prove that we contributed 50% to the fence if the posts are on their half.

If the posts are on my half, they would basically have to prove that they also own 50% (assuming the fence ownership transfers with the sale, which I am assuming for now).
In der Ruine14 Jun 2023 14:43
Most fences have a nice side and another side, usually with the posts, that is less attractive.
Now you have a choice. Should the hedge face the nice side, or should you?
If there is ever a dispute later about who owns the fence, it doesn't matter where the post is located.
Is it really on the boundary, for example 5cm (2 inches) on your neighbor's side and 5cm (2 inches) on your side? Or is it entirely on one property? Then, regardless of who paid for it, the fence belongs to the property owner.
Tolentino14 Jun 2023 14:50
Then place the posts along the boundary with the finished side facing you.