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
Important note: The development plan or other local regulations take precedence regarding the type of boundary construction. Otherwise, the obligation to cooperate remains, meaning you should engage in discussions and check what the neighbor prefers – perhaps you can find a solution together.
Egberto schrieb:
It sounds simple: What I own, I can do whatever I want with – but unfortunately, that’s not the case. In Hesse, according to neighbor law, when two adjacent plots are developed, both neighbors must jointly participate in the installation of the boundary structure (§ 14 paragraph 1 sentence 2). This structure must then be built on the common boundary line (§ 14 paragraph 2). It has to be a fence typical for the area, in case of doubt a wire mesh fence, 1.2 m (4 feet) high (§ 15), and the costs must be shared by both parties (§ 17).
Regarding your question: The neighbor is correct insofar as the fence may not run inside your property but must be on the common boundary, and you need to coordinate accordingly. According to case law, it is not permitted, for example, to erect a fence together on the boundary and then set up a separate barrier directly behind it on your own property that would contradict the overall appearance.
Therefore, I would recommend not to build without consultation but to continue seeking a constructive dialogue.Thanks for the answers!
We assumed that we were allowed to build a fence on our property as we wished. The neighbors on the other side did the same. We later had edge stones installed on our side. That was fine for us, and we didn’t question it further.
But now I know better, and it seems we won’t be able to avoid talking to the neighbor.
Perhaps we should proactively take out legal expenses insurance.
We assumed that we were allowed to build a fence on our property as we wished. The neighbors on the other side did the same. We later had edge stones installed on our side. That was fine for us, and we didn’t question it further.
But now I know better, and it seems we won’t be able to avoid talking to the neighbor.
Perhaps we should proactively take out legal expenses insurance.
H
hampshire14 Mar 2019 16:35What is going on there? Was there no discussion between each other before the project started?
hampshire schrieb:
What’s going on here? Was there no discussion between you before starting the project?No, there was no discussion immediately before starting.
The neighbor is also not really on the same wavelength with us. There have already been several awkward situations, which I don’t want to go into in detail here.
When it comes to neighbors, you can either have luck or bad luck.
We will definitely resolve this now.
We have arranged an appointment with the surveying company to set the boundary points. The neighbor just needs to confirm whether they can attend the appointment.
After that, the curbstones can be installed and we can agree on a fence.
Faleha82 schrieb:
Maybe we should proactively take out legal protection insuranceNonsense! That’s called intent!Similar topics