Hello,
has anyone here studied law? I have the following problem:
Our property borders agricultural land on three sides. In these cases, the so-called “Schwengelrecht” (right of swinging plow) or a larger setback from the boundary applies:
“A fence must be set back at least 0.6 m (2 feet) from the boundary of a neighbor’s agricultural land if both properties are located outside a contiguous built-up area and are not designated as building zones in a local development plan. The strip of land in front of the fence may be accessed and driven over during the cultivation of the neighbor’s land.”
Before starting construction, we had the property surveyed by a surveying company and had boundary markers placed. This was not cheap.
Now we repeatedly have the problem that one farmer plows over the boundary marker with his plow, even pushing almost 1 m (3 feet) onto our land along the entire length. While we are still building, we don’t mind the plowing, but risking the boundary marker like that is frustrating. We have already talked to him about it twice, but apparently every grain stalk matters to him.
We have now thought about installing a post next to each boundary marker, properly set into the ground, which he can’t easily plow over.
Would that cause any problems under the above law? It’s not a fence, but the purpose of the “Schwengelrecht” would certainly be undermined—at least at the corner. What would you do?
has anyone here studied law? I have the following problem:
Our property borders agricultural land on three sides. In these cases, the so-called “Schwengelrecht” (right of swinging plow) or a larger setback from the boundary applies:
“A fence must be set back at least 0.6 m (2 feet) from the boundary of a neighbor’s agricultural land if both properties are located outside a contiguous built-up area and are not designated as building zones in a local development plan. The strip of land in front of the fence may be accessed and driven over during the cultivation of the neighbor’s land.”
Before starting construction, we had the property surveyed by a surveying company and had boundary markers placed. This was not cheap.
Now we repeatedly have the problem that one farmer plows over the boundary marker with his plow, even pushing almost 1 m (3 feet) onto our land along the entire length. While we are still building, we don’t mind the plowing, but risking the boundary marker like that is frustrating. We have already talked to him about it twice, but apparently every grain stalk matters to him.
We have now thought about installing a post next to each boundary marker, properly set into the ground, which he can’t easily plow over.
Would that cause any problems under the above law? It’s not a fence, but the purpose of the “Schwengelrecht” would certainly be undermined—at least at the corner. What would you do?
Legal advice should only be given by a lawyer!
I am not legally trained – this is just a layperson’s opinion:
if both plots of land are located outside a continuously built-up area and are not designated as a development zone in a zoning plan
To me, this reads as follows: If two fields border each other. Question 1: Are you outside a built-up area? (Check the land use plan.) Question 2: Is there a zoning plan for your house/plot? If you are outside and there is no zoning plan, you are not allowed to build your fence/hedge closer than 0.6 meters (2 feet) to the boundary line. Naively, I would say: A wooden post is not a fence. But: A tractor can also knock over a wooden post that is concreted in,...
I am not legally trained – this is just a layperson’s opinion:
if both plots of land are located outside a continuously built-up area and are not designated as a development zone in a zoning plan
To me, this reads as follows: If two fields border each other. Question 1: Are you outside a built-up area? (Check the land use plan.) Question 2: Is there a zoning plan for your house/plot? If you are outside and there is no zoning plan, you are not allowed to build your fence/hedge closer than 0.6 meters (2 feet) to the boundary line. Naively, I would say: A wooden post is not a fence. But: A tractor can also knock over a wooden post that is concreted in,...
Wastl schrieb:
Question 1: Are you located outside a designated settlement area? (Check the land use plan). Question 2: Is there a building development plan for your house/plot? If you are outside and do not have a development plan, you are not allowed to build your fence/hedge closer than 0.6 meters (2 feet) to the property boundary. The law clearly applies to us. We know that. We are in a rural area. The land is designated as expected development land – currently still classified as agricultural land. However, that was not the point in the question.
Wastl schrieb:
I would naively say: A post is not a fence. But: A tractor can also knock over a post set in concrete,... We were thinking more of an iron rod. Of course, a tractor could knock it over, but in doing so, the tractor could get damaged. The farmer certainly wouldn’t want that.
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