ᐅ Which material is suitable for the garden fence of the first house?

Our development plan includes both hedges and fences with clear regulations on what materials can be used and their permitted height. Therefore, I can only agree with Bieber – a hedge is allowed along the property boundary as long as it is not prohibited for enclosing the area.

Sascha aus H schrieb:
In our development plan, both hedges and fences are mentioned with clear regulations on what can be used and how high they can be. Accordingly, I can only agree with Bieber – a hedge is allowed directly at the property line as long as it is not prohibited for boundary fencing.

You forget that a hedge is nowhere near as narrow as a fence. Therefore, the thickness must be taken into account because the neighbor does not have to tolerate a hedge belonging to someone else on their property.

In addition, regarding the question from @daniels87, the hedge is supposed to be taller than the aforementioned/allowed boundary height of 1.20m (4 feet), namely at least 1.80m (6 feet)... so please do not plant it directly next to the boundary – it will cause trouble with the neighbor.

ypg schrieb:
You forget that a hedge is never nearly as narrow as a fence. Therefore, you need to consider the thickness, because the neighbor does not have to tolerate a hedge planted on their property.

But that is exactly what Bieber and I have been trying to explain: you don’t plant on the boundary, but along the boundary.

Apparently, there are indeed some differences. In North Rhine-Westphalia (NRW), the situation is different.

§ 36 (Fn 4)
Location of Fencing

(1) The fence must be built on the boundary line if it

a) is between developed or commercially used properties

or

b) is between a developed or commercially used property and a property of the type specified in § 32 paragraph 2.

In all other cases, it must be constructed along the boundary line.

and the following

(6) If the fence that is not to be built on the boundary line is a hedge, the regulations applicable to hedges in Section XI must be observed.

Section XI then contains rules such as the 0.50cm (0.2 inch) setback that was already mentioned here.

This also makes sense in terms of the neighbor law in NRW, since there is a fencing obligation (see above), and it would be unreasonable not to allow the hedge to be placed on the boundary line. Otherwise, one party would be at a disadvantage, having to give up part of their property, or it would lead to duplicate fencing.

I will quote an example from the Lower Saxony Neighborhood Law:
§ 50 Minimum Distances for Trees and Shrubs
(1) The following minimum distances from neighboring properties must be observed, depending on the height of the trees and shrubs:
a) up to 1.2 m (5 inches) height: 0.25 m (10 inches)
b) up to 2 m (6.5 feet) height: 0.50 m (1.6 feet)
c) up to 3 m (10 feet) height: 0.75 m (2.5 feet)
.....
(2) The distances specified in paragraph 1 also apply to living hedges, unless the hedge is planted directly on the boundary according to § 30. They also apply to plants that have grown naturally without human intervention.
(3) In the case of § 31, the distance must be measured so that a strip of 0.6 m (2 feet) remains free in front of the plants.

->
§ 30 Joint Fencing on the Boundary When two neighbors jointly enclose...

@ypg
That works. So in Lower Saxony, you do it like here in North Rhine-Westphalia as well. Hedge is planted on the property boundary if it’s a shared enclosure. Otherwise, it’s planted next to it.