Can my neighbor build a privacy screen without my permission?
August 18, 2023 | 50,00 EUR | answered by Paul Heuser
Dear lawyer,
I am reaching out to you with a question regarding property law. My neighbor recently erected a privacy fence without my permission, which borders directly on our shared boundary. This fence now obstructs my view of my garden, which is very bothersome to me. I have already tried to talk to my neighbor about it, but she was not willing to remove the privacy fence or at least relocate it to a different location.
I am concerned that this privacy fence not only affects my personal well-being, but could also have legal consequences. Therefore, I would like to know if my neighbor had the right to erect the privacy fence without my permission. Are there any legal regulations that authorize her to do so? And if not, what steps can I take to have the privacy fence removed or at least find a solution that is acceptable to both parties?
Thank you in advance for your assistance and I look forward to your response.
Sincerely,
Renata Wittik
Dear Mrs. Wittik,
Thank you for your inquiry regarding neighborhood law. In your case, it is understandable that you are concerned and want to find a solution to the problem with the privacy fence. Generally, your neighbor is not allowed to build a privacy fence directly on the border without your consent. Neighborhood law regulates such matters and also protects your rights as the owner.
According to neighborhood law, your neighbor may build a privacy fence, but they must maintain certain distances from the border. Typically, the minimum distance from the border is 50 cm to 2 m, depending on the state and local building regulations. Since your neighbor has erected the privacy fence directly on the border, this could be considered a violation of this regulation.
In such a case, you have the right to ask your neighbor to remove the privacy fence or build it in a legally permissible location. It is best to do this in writing and refer to the applicable laws and regulations. If your neighbor continues to be uncooperative, you may consider involving a lawyer to represent your interests and potentially take legal action.
It is important to maintain communication with your neighbor and try to find a mutually acceptable solution. Mediation by a neutral mediator could also be considered to reach an agreement that is acceptable to both parties.
In conclusion, I recommend seeking legal advice to protect your rights in this matter. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Paul Heuser
