Hello,
My husband and I have lived in our prefabricated house in a small village in Hessen since 2016. We now have a son who is almost two years old and wants to play in the garden. For this reason, we hired a company to install a welded mesh fence. The company started the installation yesterday and has already put up the fence along two neighboring properties.
Today, the fence on the side of the third neighbor was supposed to be installed. However, this neighbor stopped everything and said that we are not allowed to build the fence that way. We did not place any curbstones along this neighbor’s property line. The fence posts were supposed to be set in concrete on our property next to the boundary.
The neighbor wants a say in the decision and insists that we must put curbstones directly on the property line and then install the fence on top. He also wants to have a say in which fence is installed. Additionally, the property boundary was measured three years ago, but no boundary markers were set. He claims that these markers must be installed before we build a fence.
If we build the fence on our own property, not on the boundary, isn’t it solely our decision which fence to put there? Is the neighbor allowed to interfere and make demands?
He already wanted to address this two years ago, but nothing happened. This neighbor is also quick to complain and insists he knows everything better.
I am looking forward to your answers.
Best regards,
Faleha
My husband and I have lived in our prefabricated house in a small village in Hessen since 2016. We now have a son who is almost two years old and wants to play in the garden. For this reason, we hired a company to install a welded mesh fence. The company started the installation yesterday and has already put up the fence along two neighboring properties.
Today, the fence on the side of the third neighbor was supposed to be installed. However, this neighbor stopped everything and said that we are not allowed to build the fence that way. We did not place any curbstones along this neighbor’s property line. The fence posts were supposed to be set in concrete on our property next to the boundary.
The neighbor wants a say in the decision and insists that we must put curbstones directly on the property line and then install the fence on top. He also wants to have a say in which fence is installed. Additionally, the property boundary was measured three years ago, but no boundary markers were set. He claims that these markers must be installed before we build a fence.
If we build the fence on our own property, not on the boundary, isn’t it solely our decision which fence to put there? Is the neighbor allowed to interfere and make demands?
He already wanted to address this two years ago, but nothing happened. This neighbor is also quick to complain and insists he knows everything better.
I am looking forward to your answers.
Best regards,
Faleha
Nordlys schrieb:
He is entitled to demand a clear boundary. However, setting boundary markers is not free of charge. He cannot stop a fence that is clearly on your property, nor does he have any say in the matter. What is yours is yours. This applies in Hesse as well.Thank you very much for the clear answer!
Nordlys schrieb:
He cannot stop a fence clearly on your property, nor does he have any say in it there. Yours is yours. Even in Hesse. It sounds simple: what belongs to me, I can do as I please – but unfortunately, it is not that straightforward. In Hesse, according to neighbor law, when two adjacent properties are built on, both neighbors must jointly participate in the construction of the boundary structure (§ 14 para. 1 sentence 2). This structure must be built directly on the shared boundary (§ 14 para. 2). It must be a locally customary fence, in case of doubt a chain-link fence, 1.2 m (4 feet) high (§ 15), and both neighbors must share the costs (§ 17).
Regarding your question: your neighbor is correct to the extent that the fence must not be installed inside your property but rather directly on the common boundary, and that you need to coordinate with each other. According to case law, it is not permissible, for example, to jointly build a fence on the boundary and then directly behind it on your own property erect a separate barrier that contradicts the overall appearance.
Therefore, I would recommend not building without discussion but to continue seeking dialogue.
Faleha82 schrieb:
But the cost sharing only applies if the fence is built on the boundary line, right?
We want to build the fence a few centimeters inside our property, just next to the boundary.However, according to § 14 HNRG, he can demand that the fence be built on the boundary line (which then triggers the legal consequence of cost sharing).
Furthermore, the exact boundary line apparently is still disputed or at least not definitively acknowledged.
There is a duty to cooperate under § 14 HNRG for both parties – so that includes you as well.
I suspect he is only concerned that the fence might mistakenly be built on his land.
Okay, assuming you are right and she is not allowed to simply put up a fence on her side while the donkey does nothing, the result would be that there is no fence at all. Therefore, to avoid this, she should require him to build the fence on the boundary with cost sharing. Then he must do it, as she is entitled to demand this. She does not have to accept the no-fence situation. Right? Karsten
W
WilhelmRo14 Mar 2019 07:44My development plan states the following:
A4.3 Design of undeveloped areas, enclosures
Enclosures adjacent to public spaces must not exceed a height of 1.2m (4 feet) above the adjoining traffic areas.
Enclosures on the side and rear boundaries are permitted up to a maximum height of 1.5m (5 feet) above the top edge of the existing natural ground level.
Brightly colored paints and materials are not allowed.
Retaining walls are generally not permitted as enclosures facing public areas.
If walls are constructed, they must be interrupted by at least 50% with other types of enclosures (e.g., plantings, wooden fences, metal fences, or plastic fences) and may only be built along public spaces. A minimum distance of 25cm (10 inches) must be maintained from the public area.
A4.3 Design of undeveloped areas, enclosures
Enclosures adjacent to public spaces must not exceed a height of 1.2m (4 feet) above the adjoining traffic areas.
Enclosures on the side and rear boundaries are permitted up to a maximum height of 1.5m (5 feet) above the top edge of the existing natural ground level.
Brightly colored paints and materials are not allowed.
Retaining walls are generally not permitted as enclosures facing public areas.
If walls are constructed, they must be interrupted by at least 50% with other types of enclosures (e.g., plantings, wooden fences, metal fences, or plastic fences) and may only be built along public spaces. A minimum distance of 25cm (10 inches) must be maintained from the public area.
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