Are you planning to put a fence? Before you get the first shovel into the ground, it is worth reading the applicable regulations. These define, among others When it is necessary to report the investment and what can be the maximum fence height without formalities. If the construction does not exceed 2.2 of me does not contain dangerous endings below 1.8 m, you do not need to report it to the office. Otherwise, you can receive a demolition order. The place where the fence will be erected – it depends on its location whether the neighbor should contribute to its location. Two specific factors decide about this.
Is the neighbor obliged to add to the fence? In this particular case – yes
Pursuant to art. 154 of the Civil Code, if the fence is placed exactly on border Two neighboring plots are treated as an element of common use. In practice, this means that none of the parties can build it independently and the clear consent of the second owner is needed. It is also worth remembering § 2 of the same article, which clearly indicates that:
Users of the mentioned devices are obliged to bear the costs of maintaining them together.
This means that if the fence is on the border and both sides use it, they are required to co -finance its repairs or maintenance.
To avoid disputes, the best solution is to draw up a written contract. It should contain arrangements for materials, fence appearance, work schedule, division cost and the principles of future maintenance. If one of the parties does not want to participate in future financing, it is worth trying to talk or use mediation first. It may also be helpful to supplement the existing annex contract. When negotiations have no effect, it is possible to refer the case to court, but remember that the lack of written arrangements may act against the investment initiator.
Importantly, arbitrary placing a fence on the border without the consent of a neighbor can result in serious consequences. The other party has the right to demand its demolition or take legal steps. And as life shows, not always what divides the plots remains only a matter of the physical border.
Can you put a fence in the plot border without the consent of a neighbor? One condition must be met
The situation is slightly different when the fence is entirely within one plot owner. Then we are talking about the fence “in the plot border”, which means that it does not exceed the line that demarcate the land. Such a fence does not require agreeing with a neighbor – both its construction and form are the sole decision of the owner. In this situation, the neighbor has no right to interfere in the appearance or way of maintaining the fence, but he is also not obliged to incur any costs.
It is worth mentioning that in accordance with art. 61 of the Construction Law, the owner is required to keep the fence in good technical condition and take care of its safe use. Importantly, the current regulations do not indicate the minimum distancewhich should be kept between the fence and the border of the neighboring plot. The only condition is that the whole structure, including the foundation and protruding elements, should be entirely on the investor's plot and did not exceed it. Even a centimeter shift beyond the land limit can be treated as a violation of ownership that may end removal fence.
How did you solve the case of the fence with your neighbor? We invite you to participate in the poll and commenting.