ᐅ Install a fence along the property boundary

Created on: 13 Mar 2019 21:03
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Faleha82
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
tomtom7915 Mar 2019 05:05
ypg schrieb:
Nonsense! That’s called an additional wall layer!

So what? ARAG promotes the idea that it’s never too late.
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Faleha82
15 Mar 2019 09:05
ypg schrieb:
Nonsense! That’s called a Vorsatz!

What do you mean by that?
It makes sense to have legal protection insurance in case you get into a serious dispute with a neighbor. Unfortunately, that’s not impossible with this particular neighbor.
So, I consider insurance useful for possible future verbal attacks (as there have already been some) and related issues.
For me, the matter is now settled. I now know that there is neighbor law in Hesse and how to act accordingly. Unfortunately, it seems the neighbors around us were not aware of this. But that doesn’t bother us. We just want to live here peacefully and see our children grow up safely.

Is there a way to close this thread? Or is that not necessary?
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ypg
15 Mar 2019 11:01
Faleha82 schrieb:
Having legal expenses insurance in case you get into a major dispute with a neighbor.

Legal expenses insurance is not meant to cover mediation between neighbors when there is no real financial claim.
Faleha82 schrieb:
Also for possible future verbal attacks (because there have been some already)

And against verbal attacks from difficult neighbors, legal expenses insurance doesn’t help much.

1. Legal expenses insurance doesn’t protect you; it covers court and lawyer fees if the insurer recognizes a claim and the chances of winning a lawsuit are assessed as high. So please think carefully about what you say.
2. If you expect that a neighbor (or anyone else) might cause problems, the only real help is to be informed about the issue, communicate diplomatically, and use reason and common sense.

Being right doesn’t necessarily mean you will win.

But someone telling me, “If you come at me wrong, my legal expenses insurance will take care of it,” would seem suspicious to me as a person. I wouldn’t want to live next to such a person. If my neighbor has a problem with something, I expect communication about the issue itself, not a letter from a lawyer. That’s just ridiculous.

That doesn’t mean I’m against legal expenses insurance—I have one myself for situations where high financial claims might arise, and where I have no personal control, for example with car-related matters.

Nevertheless, I wish you all the best that you can reach an agreement.
The best approach is simply to invite your neighbor for a beer, coffee, or wine and discuss the fence or the problem together.
It seems that was missed after the move?! But it’s never too late.
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Faleha82
15 Mar 2019 15:48
We will sort this out!

My husband and I are the ones who approach the matter objectively and always remain calm during discussions. We really always try to keep things amicable.

Unfortunately, the neighbor has been making unpleasant remarks about us behind our backs to the construction company’s employees. They have also expressed surprise about his "behavior."

In any case, we now have an appointment for the boundary marking, which the neighbor will hopefully attend (otherwise, we will have to arrange something new). After that, we will try to have a direct conversation again.

Unfortunately, the last conversation was only over the phone. I tried to speak with him face-to-face, but was left standing at the door. However, someone was definitely home, as I saw the neighbors standing at the window.

Thanks again for the answers!
tomtom7915 Mar 2019 17:31
You can be as objective as you want, but if the neighbor is a troublemaker, it will eventually become difficult for you!

PS. When scheduling appointments, suggest alternative dates right away.
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Steven
17 Mar 2019 09:30
Faleha82 schrieb:

My husband and I are the ones who handle the situation calmly and always stay composed during conversations. We always try to resolve things amicably.

Unfortunately, the neighbor

Hello Faleha82

Oh dear, I’m having deja vu.
My neighbor on the left side—I affectionately call them the Flodders—was an opportunist right from the start. Not particularly intelligent, but very determined, even aggressive. At my wife’s request, we tried to have talks. We were shouted down. They canceled an agreed appointment at their place. Although they were at home, they didn’t answer the door. It escalated to property damage, threats, and physical attacks. Pizza deliveries often came late at night. During peak times, the police showed up at the door three times a week at night. Each time it was a false alarm. Long story short: The neighbor is peaceful now. I owe that to their probation officer. They owe me at least three criminal records. There is still a court case pending because they drove at me with their car while fully intoxicated once (two convictions are from the same offense). For almost half a year, they drove around with an unregistered vehicle without inspection (TÜV).
What I want to say is: Be cautious about trying to reach an agreement. Any concession will be seen as weakness and the attacks will increase. Let them exhaust themselves. But don’t put up with any mistreatment.
And under no circumstances offer them to use informal address (“Du”). “You idiot” (Du Dummerchen) is said much faster than the formal “You idiot” (Sie Dummerchen). I had to force my neighbor to stop using informal address through a cease and desist order.
Stay strong.

Steven