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?
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ypg
14 Jun 2023 18:36
If the neighbor on the left is planning to add a hedge anyway, a reasonable option would be for the fence mat and thus the nicer side to face your property. One party benefits without causing any inconvenience to the others.
FrankChief schrieb:

Advantage: If the neighbors ever decide to sell the house, it creates the impression that the fence belongs to us, since the fence posts are on our side.
Then we don’t have to strictly prove that we originally paid 50% of the fence costs,
FrankChief schrieb:

If the new owner wants to challenge it, they would have to prove that we contributed 50% to the fence costs if the posts are on their side.

Who has to prove what and why you will see if there is a dispute about the fence. Even damaged sections of the plastic privacy screen could cause issues, as could maintenance. Also, it’s uncertain who will move out first…
I would anyway draft a brief three-line agreement in the spirit of a joint ownership contract—precisely because of such petty thoughts that the fence could be “mine” or “his.”
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FrankChief
16 Jun 2023 07:32
We have now decided that the fence posts will be installed on our side on both sides. This way, it will definitely look like we built the fence in the future, and later on (if it ever comes to that) we won’t have the burden of proof.

We really wanted the fence because we have a dog that could run away through the hedge.
We also wanted the privacy screen to serve as protection from wind and to block the view.

We are glad that the neighbors contributed and agreed to this.
In der Ruine16 Jun 2023 08:52
FrankChief schrieb:

then in the future it will definitely look like we built the fence, and later on (if it even happens) we won’t be required to prove it

How naive. Do you really think that in 10 years anyone will care how or where it was built?
If someone wants to cause a dispute, you will still be responsible for providing evidence. And if part of it is on someone else’s property, trouble is guaranteed.
Just move it 5m (16 feet) closer to your side. That way it will surely be yours.
Tolentino16 Jun 2023 09:25
Although 5cm (2 inches) will probably be enough... ;D
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mr.xyz1
16 Jun 2023 10:17
Isn't it the case that with a boundary wall or fence, it automatically belongs to both parties? And if no boundary structure is built, at least 50cm (20 inches) distance from the property line must be maintained?
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HeimatBauer
16 Jun 2023 10:38
mr.xyz1 schrieb:

Isn’t it true that with a boundary construction, the fence automatically belongs to both parties? And if there is no boundary construction, at least 50cm (20 inches) distance from the boundary must be maintained?

Both statements are no, at least not that straightforward.

Yes, a fence can be placed directly on the boundary line, but for example, the typical welded wire fence becomes attached to the wall by weaving in plastic strips, which then makes it completely impermissible.