Can I enclose my property against my neighbor's will?
April 12, 2023 | 50,00 EUR | answered by Nina König
Dear lawyer for neighborhood law,
I am contacting you with a question regarding my property and the relationship with my neighbor. My name is Johann Gehrmann and I live in a small house with a garden in a quiet residential area. Recently, I have noticed that my neighbor has started to expand his property and erect a fence that partially encroaches on my land.
I have politely addressed this issue with my neighbor and informed him that I do not agree with his fence touching my property. Unfortunately, he shows no willingness to cooperate and insists that he has the right to build his fence there. I have tried to resolve the problem diplomatically, but without success.
I am concerned about the privacy and security of my property, as the fence should clearly mark the boundary between mine and my neighbor's. Therefore, I am wondering if I can enclose my property against my neighbor's will and what legal steps I can take in this situation.
Could you please assist me and provide possible solutions and recommendations for action? Thank you in advance for your support.
Sincerely,
Johann Gehrmann
Dear Mr. Gehrmann,
Thank you for your inquiry regarding the conflict with your neighbor concerning the construction of a fence that partially encroaches on your property. It is understandable that you are concerned about the privacy and security of your property and are looking for ways to resolve this issue.
In principle, every property owner has the right to enclose their property, that is, to fence it. This serves to create a clear boundary between the different properties and to ensure the privacy and security of the owners. However, this does not mean that your neighbor has the right to erect the fence on your property.
In your situation, it is advisable to first have a conversation with your neighbor and make it clear to them that you do not agree with the fence touching your property. If your neighbor remains uncooperative and unwilling to move the fence, you may consider taking legal action.
One option would be to consult a lawyer specializing in neighborhood law to clarify your rights and possibly work out a mutually agreeable solution with your neighbor. If this is not possible, you may also apply for an injunction to require the neighbor to remove the fence from your property.
It is important that you document all steps in writing to be able to provide evidence in case of a dispute. You can also contact the local building authority to check if the fence complies with building regulations and if a building permit is in place.
In conclusion, I recommend that you do not act hastily, but explore all options for conflict resolution. Be patient and keep in mind that your goal is to find a peaceful and lasting solution to the problem.
I hope that this information has been helpful to you and wish you success in resolving the conflict with your neighbor.
Sincerely,
Nina König
Lawyer specializing in neighborhood law
