Ask a lawyer on the topic of Neighbor law

fence

April 7, 2011 | 35,00 EUR | answered by Bernhard Müller

Dear Sir or Madam,

Four years ago, we bought a approximately 100-year-old house. Both the house and the outdoor areas were in a deplorably run-down condition.
After the house was renovated, we started to fix up the outdoor area in 2008.
Without conducting any further research, we initially removed (almost) everything, including the wire fence that surrounded the property.

Our property was divided many years ago, and three row houses now stand in what was originally a huge garden. A driveway was built on one side of the property to provide access to these houses. The existing wall at the time of the division was also included in this driveway. There is also a boundary point, as we have recently learned, that indicates this. Since an existing tool shed on our property is in line with the wall, we never paid attention to this at that time.

Now, my questions:
- Can one of the homeowners demand that we repair the fence, even though there are three owners?
- The deteriorating wall, from which we accidentally removed the broken fence, has sunk to the point where it is clearly leaning onto our property. Further sinking or collapse is likely, as the driveway is used by cars. Is there a tolerance, or can we demand that it be removed? If so, and we are liable for damages: should we assume the cost of a new construction or payment for a kind of "time value" at the time we disposed of the fence?

Thank you.

Bernhard Müller

Dear inquirer,

According to your description, a originally large property was divided into several smaller plots. You then purchased one of the small plots.
According to § 94 I BGB, the fence is an essential part of the property on which it stands.
Whether you need to replace the fence you removed depends on where exactly it was located. If it was on the part of the property you purchased, you do not need to replace it. Because in that case, it is part of your property and therefore your ownership. If it was on the other plots, the owners of those plots can demand the restoration of the fence. In this case, they have a claim for damages under § 823 I BGB against you.
If the fence surrounded the entire originally huge property, this means that you must partially restore the fence. There is no deduction for new for old when building a new fence.
Regarding the wall, you can demand that measures be taken to prevent it from falling onto your property. However, how the owner of the property where the wall was built does this is up to them. They can either remove the wall, or if technically possible, restore it or support it from their property.

Best regards

Bernhard Müller Attorney at Law