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...
E
Egon12
26 Sep 2017 09:27
ypg schrieb:
What happens if something goes wrong? For example, my car under the carport?
And if nothing happens: do I have to start again with the new owners regarding the fence? Could they then claim customary law?

In Germany, there is no customary law as commonly understood in everyday language.
As is standard practice in construction everywhere, the owners must be put on notice. If assets could be damaged, build the fence yourself and claim the costs.

If you want to avoid stress, just build the fence yourself. A 20m (65.6 ft) double-wire mesh panel including installation costs less than 2,000 euros.
Y
ypg
26 Sep 2017 09:51
@Egon12
But the 2000 also need to be covered. Right now, we’re saving up for a plasterer on the upper floor (drywall), a shower enclosure for the second shower in the bathtub, and additional landscaping. I know, priorities have to be set 🙂
E
Egon12
26 Sep 2017 10:00
Due to customary law, you do not need to worry. There is an implied tolerance that in some cases can lead to a right to use the property; however, this does not apply in your case because you have addressed the issue and there are no other facts that would justify a restriction on ownership.

An unsecured right of way can be considered an implied tolerance. This means that if you continue to allow the use after becoming aware of it, a claim may arise.
N
Nordlys
26 Sep 2017 12:33
Yvonne, your issue is most likely best resolved through conversation. In my opinion, a three-year-old is mature enough to understand that Aunt Yvonne does not want him to crash through her hedge, but he is welcome to come to her on foot and have a treat.
The tenant should have the landlord’s address, and hopefully, the tenant also understands our language and is not constantly completely unaware.
Maybe the tenant would even be happy with a fence.
From my life experience, whenever things become legal, it is already too late for a human approach. Karsten
H
HilfeHilfe
28 Sep 2017 06:56
cool chain-link fence
G
Gartenfreund
28 Sep 2017 09:16
There is a fence, and the neighbors have installed a privacy screen behind it. Can they still see the chain-link fence then?

Regarding the privacy screen, in our case, it does not require approval from the authorities, but the neighbor must agree if the privacy screen is placed directly on the boundary line. If it is the same in your area, how is the consent handled?