When quarrels break out

When quarrels break out

The Civil Code states that the owner of a thing can do so at will, provided that no laws or rights of third parties are affected. Nice, if it would be so easy at the property with walls and fences. Some have allowed their expensive limit to break down again! What should be considered?

First of all, fence is not equal to fence and wall is not equal to wall. German case law distinguishes between several types. For example the enclosure: it prevents people from entering and animals and can protect against noise, wind, sun or sight.

In walls and fences, the legislature speaks of dead enclosures. They are often bound to building regulations of the federal states or municipalities, but also to neighboring rights provisions. Living enclosures are primarily hedges. Border clearances must be observed with them: Only if the neighbor approves, a facility directly on the property boundary is possible.

At many garden fences the ghosts divide

In almost all federal states there are neighboring law laws for fencing, but not in Bavaria. Bremen, Hamburg and Mecklenburg-Vorpommern. But everywhere, the construction, road and right of way as well as the nature conservation law takes precedence over the neighborhood law. Incidentally, in the federal states of Baden-Württemberg, Rhineland-Palatinate, Saarland, Saxony-Anhalt and Thuringia, there is even an encircling obligation to protect the neighbor. And if the neighbor demands an enclosure, a general obligation arises everywhere. Frequently also the so-called local habit applies. For example, if all neighbors have hedges about one meter high, then a 1.80-high wall will disturb the street complex. Here, neighbors and authorities may demand a subsequent demolition.

Avoiding dispute over peace and quiet

Another type of boundary are privacy fences made of wood, stone or even rattan. In DIY stores, they are available in 1.70 meters to 1.90 meters, often even up to 2.10 meters in height. In many areas they are required for building permits. Other requirements apply to retaining walls that secure raised hillside land. Their design is governed by the respective building regulations of the federal states.

If you want to protect yourself, you should take a look at the state laws or simply inquire at the city's building authority. To be recommended are also agreements among neighbors. Contracts can be set up for this, in which it says, for example: "Owner and neighbor agree that the common property boundary is fenced in as follows ...". The following is a detailed description of the type, height and location of the structure. Including cost regulation. At least disputes between neighbors have to be limited.

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