Who is responsible for the maintenance of the shared fence?
July 2, 2023 | 50,00 EUR | answered by Paul Heuser
Dear lawyer,
I am contacting you to clarify a question regarding property law. My name is Helma Hinze and I live in a townhouse that is adjacent to my neighbor's house. There is a fence between our properties that has been in place for several years. Lately, I have noticed that the fence is in poor condition and is in urgent need of repair.
Since the fence is located on the border of both properties, I am unsure who is responsible for maintenance and repair. I have already spoken to my neighbor, but we have not been able to agree on who should bear the costs and labor for the repair. I am concerned that the fence could collapse completely soon and therefore would like to find a solution as soon as possible.
Could you please tell me who is legally responsible for the maintenance of the shared fence? Are there any laws or regulations that need to be considered in this matter? What options do I have to reach an agreement with my neighbor and get the fence repaired?
Thank you in advance for your help and support.
Sincerely,
Helma Hinze
Dear Mrs. Hinze,
Thank you for your inquiry regarding neighborhood law concerning the maintenance of the shared fence between your property and your neighbor's. It is understandable that you are concerned about the condition of the fence and want to find a quick solution.
In general, when a fence is located on the boundary between two properties, both neighbors are responsible for its maintenance and repair. This means that you and your neighbor are jointly responsible for the costs and work to maintain the fence.
The legal basis for this can be found in neighborhood law, which is regulated in the Civil Code (BGB). According to § 921 BGB, both neighbors must contribute to keeping the fence in proper condition. This includes not only repairs but also regular maintenance of the fence.
If you and your neighbor cannot agree on who should bear the costs and work for the repair, I recommend that you first have a conversation with your neighbor. Try to find a mutually agreeable solution and clarify how the costs can be divided. If no agreement can be reached, you may also consider involving a mediator who can help you find a solution that is acceptable to both parties.
If these steps do not lead to a resolution, legal action may be necessary. In such a case, you can hire a lawyer to assist you in a possible court proceeding.
I hope this information is helpful to you and that you can find a solution for the repair of the fence. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Paul Heuser
Attorney specializing in neighborhood law
