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sauerpeter20 Oct 2017 18:53Hello everyone,
not even moved in yet, and already having trouble with the neighbors. Here is the situation:
On our property, there is a stunted hedge very close to the boundary line. At the top, it is fairly dense, but at the bottom, a small child can easily pass through. In some spots, the neighbor can also enter our property without any problem – which he actually does, because he takes a shortcut across our land to get to the bakery. It’s shorter than going all the way around.
Now we are planning to remove this hedge. We want to follow all regulations, notify the neighbor that we are going to remove it, etc.
The neighbor now says it is not clear if the hedge actually stands on our property, and therefore we might not be allowed to remove it. During the surveying of the building, I asked the surveyor to set two boundary markers – one in the middle of the property and one at the end.
The boundary can now be established based on these markers. So here is my question:
What would happen if part of a hedge trunk touches the boundary or if the trunk is half on my property and half on the neighbor’s? Would I then no longer be allowed to remove the entire hedge? Or does it count if the whole hedge is on my property? Or do I have to leave that particular trunk standing?
Additionally, this side of the property is not fenced, and the neighbor is usually responsible for the fencing. Legally, the property must be fenced, but this stunted “hedge” simply does not qualify. We would be willing to contribute to a proper fence, but the neighbor is blocking that because of the hedge.
Does anyone have any advice?
not even moved in yet, and already having trouble with the neighbors. Here is the situation:
On our property, there is a stunted hedge very close to the boundary line. At the top, it is fairly dense, but at the bottom, a small child can easily pass through. In some spots, the neighbor can also enter our property without any problem – which he actually does, because he takes a shortcut across our land to get to the bakery. It’s shorter than going all the way around.
Now we are planning to remove this hedge. We want to follow all regulations, notify the neighbor that we are going to remove it, etc.
The neighbor now says it is not clear if the hedge actually stands on our property, and therefore we might not be allowed to remove it. During the surveying of the building, I asked the surveyor to set two boundary markers – one in the middle of the property and one at the end.
The boundary can now be established based on these markers. So here is my question:
What would happen if part of a hedge trunk touches the boundary or if the trunk is half on my property and half on the neighbor’s? Would I then no longer be allowed to remove the entire hedge? Or does it count if the whole hedge is on my property? Or do I have to leave that particular trunk standing?
Additionally, this side of the property is not fenced, and the neighbor is usually responsible for the fencing. Legally, the property must be fenced, but this stunted “hedge” simply does not qualify. We would be willing to contribute to a proper fence, but the neighbor is blocking that because of the hedge.
Does anyone have any advice?
sauerpeter schrieb:
Does anyone have a tip?Yes, read the local neighborhood law of your state. It is stated there.
Where the hedge is located (on your side, on their side, or on the shared boundary) is definitely important information. You should clarify that.
If, in your state, the obligation to fence applies only on one side, then, based on my understanding of logic (lawyers don’t always agree), the owner should fulfill this on their own property. Conversely, you are only responsible on your side. If your hedge crosses the property line, I don’t see this creating any joint ownership rights for the neighbor.
I’m afraid you can get opinions here—some quite well-founded—but probably no “clear” legal certainty.
But to reply with a bit of humor: isn’t it just as true the other way around that your path to the butcher nicely cuts across their property, just as their path to the bakery crosses yours?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
I’m afraid you can get opinions here—some quite well-founded—but probably no “clear” legal certainty.
But to reply with a bit of humor: isn’t it just as true the other way around that your path to the butcher nicely cuts across their property, just as their path to the bakery crosses yours?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Ask him if it is his. If yes, he should remove it from your property. If not, you can remove it yourself.
However, if you want a fence there, take care of it and pay for it yourself, since there was already one there that you did not want.
From how the sentence reads, the neighbor himself does not seem to know who it belongs to, right?!
However, if you want a fence there, take care of it and pay for it yourself, since there was already one there that you did not want.
From how the sentence reads, the neighbor himself does not seem to know who it belongs to, right?!
sauerpeter schrieb:
Now the boundary can be constructed. Has this already been done, or are you planning it? First, the facts need to be established. How many trunks make up the hedge, how many are entirely on your property, how many are on the boundary, and how many are completely on the neighbor’s property? For example, a distribution of 100/99/1/0 would most likely mean it’s your hedge; 100/50/40/10 would indicate a shared hedge; and 100/3/5/95 would suggest it belongs to the neighbor. In the case of other number combinations, a court would have to decide in a dispute. Many other factors also come into play, such as how long the hedge has existed and which legal framework applied at that time.
I recommend you make every effort to reach an out-of-court agreement with your neighbor, as a lengthy legal dispute usually results in losses for all parties involved.
Escroda schrieb:
I recommend that you do everything possible to reach an out-of-court agreement with your neighbor, The question is: what exactly does the neighbor want?
Maybe he actually has no problem with the fence instead of the hedge, if you give him a gate in the fence and permission for his path to get his bread (for life; then he might not even claim it officially in the land register).
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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