ᐅ Neighbors want a new fence, even though there is already one in place.
Created on: 25 Sep 2017 13:46
S
sauerpeter
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...
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...
@Nordlys: I’m a bit confused right now—where exactly are we talking past each other? As far as I can tell, no one here has actually discussed whether it’s reasonable or not!?
Regarding the obligation, if I’m not mixing things up, every law I’ve read includes the phrase “at the neighbor’s request.” So it’s more of a neighbor’s right to require a boundary fence. Whether that makes sense or not, let’s leave that open for now. (We’re only going to put up a fence because we have a dog. Otherwise, we don’t really need one.)
PS: Your
sounds a bit aggressive (but I’m also feeling sensitive today).
Regarding the obligation, if I’m not mixing things up, every law I’ve read includes the phrase “at the neighbor’s request.” So it’s more of a neighbor’s right to require a boundary fence. Whether that makes sense or not, let’s leave that open for now. (We’re only going to put up a fence because we have a dog. Otherwise, we don’t really need one.)
PS: Your
Nordlys schrieb:
Clear?
sounds a bit aggressive (but I’m also feeling sensitive today).
T
toxicmolotof26 Sep 2017 01:08Uh, the topic is drifting away
... time for some imagination.
So, given two plots of land, A on the left, B on the right. Property law states that you must fence your right boundary upon request.
B demands this from A, but A does not comply. A also has a son. B has a swimming pool in their garden, which is secured by a fence facing the street (duty of care regarding public safety).
Now, B’s son drowns in A’s pool.
Who is "at fault"?
Good night.
... time for some imagination.
So, given two plots of land, A on the left, B on the right. Property law states that you must fence your right boundary upon request.
B demands this from A, but A does not comply. A also has a son. B has a swimming pool in their garden, which is secured by a fence facing the street (duty of care regarding public safety).
Now, B’s son drowns in A’s pool.
Who is "at fault"?
Good night.
B
Bieber081526 Sep 2017 06:58Here, there is no general requirement to enclose property. Those causing disturbances must fence themselves in; otherwise, you may fence your property, but you are not obliged to do so. Certainly not upon someone’s demand (which I personally find ridiculous).
@ypg If the neighbor’s three-year-old rides their scooter into your properly parked car, nothing is likely to happen. They would not be liable for damage to your car, nor would you be responsible for any possible harm to the child. Their parents would only be liable if they failed in their duty of supervision. Was that your question?
@sauerpeter Is the fence on your property? Then, in my opinion, you should be on the safe side. It does not matter whether you built the fence yourself or bought it with the property. I would simply do nothing in that case.
@ypg If the neighbor’s three-year-old rides their scooter into your properly parked car, nothing is likely to happen. They would not be liable for damage to your car, nor would you be responsible for any possible harm to the child. Their parents would only be liable if they failed in their duty of supervision. Was that your question?
@sauerpeter Is the fence on your property? Then, in my opinion, you should be on the safe side. It does not matter whether you built the fence yourself or bought it with the property. I would simply do nothing in that case.
Sauerpeter bought a fence along with the property. Just because the neighbor does not approve of it doesn’t mean he has to replace it. In my opinion, the obligation to enclose refers to the property (right side) and not to each new owner.
The three-year-old would (like a dog) be blocked by a barrier preventing direct access through our carport onto our property.
Fortunately, we don’t have a pond. But there are other things in the garden that could be just as dangerous.
The hedges aren’t exactly the most resilient plants either.
However, they are only tenants... I don’t even have the landlord’s address to send a warning. Maybe contacting the building department or the local authority would be the right approach? [emoji848]
Bieber0815 schrieb:
Depends ;-). (Among other things, on the age of the son.) ...
@ypg If the neighbor’s three-year-old rides their scooter into your properly parked car, it’s unlikely anything will happen. Neither will they be liable for damage to your car, nor will you be liable for any injury to the child. The parents would only be liable if they breached their duty of supervision. That was ....
The three-year-old would (like a dog) be blocked by a barrier preventing direct access through our carport onto our property.
Fortunately, we don’t have a pond. But there are other things in the garden that could be just as dangerous.
The hedges aren’t exactly the most resilient plants either.
However, they are only tenants... I don’t even have the landlord’s address to send a warning. Maybe contacting the building department or the local authority would be the right approach? [emoji848]
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