ᐅ Neighbors want a new fence, even though there is already one in place.

Hello everyone,

A quick question. On the right side of the property (about 70m (230 feet)), there is a chain-link fence, approximately 1.25m (4 feet) high. Behind it, the neighbors have a wooden privacy screen, the kind of panels you can buy at a home improvement store.

This weekend, the neighbor asked me what we were planning regarding a new fence. I told her nothing for now, since we’re still busy with the house, then the driveway, the terrace, and so on.

I’m not sure who actually owns the fence. Whether our right-hand neighbor put up the chain-link fence, or if it was there from the previous owner. I’ll check with him, he lives behind us.

But if there is already a fence there, do I really have to put up a new one? Especially since we would just install another chain-link at 1.25m (4 feet) height anyway (minimum requirement in Brandenburg). So why would I replace a fence with an identical one that’s just a different color? The current fence is still in good condition.

According to the neighbor fencing law, I am obliged to enclose the right side of the property. But there is already a fence there. If the fence was installed by the current right neighbor years ago, can he simply remove it and force me to put up a new one? I get the impression that they want a new fence....

Can anyone help? I mean, I might as well burn the money if I tear down a fence and put up an identical one in another color. That would be pointless...

I would tell him that he is welcome to put up a new fence, but that he will need to pay for it himself and that you are satisfied with the old one. He can’t expect you to buy a new fence with him unless the old fence is already broken or looks completely worn out.

Best regards
Sabine

No, it is still in good condition. That’s why I wanted to check first.
But what if he installed the fence several years ago? Can he simply tear it down then, which would mean that according to the Brandenburg Neighbor Law, I would have to install a new one?

If that is the case, then I would have to pay him the current market value, as I read somewhere recently.

Regarding the depreciated value, there is, in my opinion, some regulation that applies if the neighboring plot has not yet been developed or sold, and you then effectively install the neighbor’s fence (since it is their responsibility). In that case, the neighbor can later claim the depreciated value for a customary fence from the subsequent neighbor. This might possibly apply in your situation.

If he eventually installs the fence, he can of course remove it whenever he wishes, since it belongs to him. In this case, you would be responsible for maintaining it, as you have already mentioned (the right-hand fence is your responsibility).

If the fence belongs to you because it was included with the property purchase, then you can keep it standing until you no longer want it or until the fence no longer serves its purpose.

Off topic
I think I’m in a madhouse... mandatory fencing. I can’t believe it.

Nordlys schrieb:
Off topic
I think I’m in a madhouse... mandatory fencing. I can’t believe it.

It’s required in Schleswig-Holstein too..