The neighbor doesn’t agree to a shared fence?  You can build a fence, but on one condition

The neighbor doesn’t agree to a shared fence? You can build a fence, but on one condition

Each of us dreams of a bit of privacy, so it’s no wonder that we want to install a net and separate ourselves from our neighbors. The simplest solution is a common fence, but the neighbor may object. Can a fence be built on the border without his consent?

We did it! You have your dream house and now it’s time to fence the property. It would be best to reach an agreement with your neighbor and build a common fence on the border of your plots. Unfortunately, they are not always willing to cooperate. The issue of a fence can divide even good friends, and the dispute can drag on for years. If you do not want a conflict, we advise you how to approach it from a legal perspective.

Can you build a fence on the border without your neighbor’s consent? The regulations are clear

If you want to build a fence on the border of two plots, you need the neighbor’s consent. It should be in writing and preferably in the form of a contract. This will protect you against possible claims in the future. The law does not regulate which neighbor then owns the fence. Therefore, it is considered common property and all details regarding its construction must be agreed together: shape, dimensions, cost, construction and maintenance.

If your neighbor does not agree to share a fence, you must build a fence only on your plot. However, it is not that simple. According to the builder, a fence is not a complicated construction object, so you do not need a special permit to erect it. However, certain conditions must be met.

Quarrel with a neighbor JackF/iStock

Are you having a conflict with your neighbor over the fence? This may end in demolition

First of all, you must maintain a minimum distance from the border. It is not regulated by law, but it is assumed that it should be as wide as the width of the passage easement, i.e. approximately 2 m. The permissible height of the fence is 2.2 m (from ground level). If you exceed this height, you must report the construction of the fence to the office. Except that the fence must not create a danger, and the gate and wicket cannot open to the outside of the plot. The minimum width of the gate is 2.4 m and the minimum width of the wicket is 0.90 m. Remember that if your neighbor does not consent to a shared fence no fence elements may be located on or beyond the plot boundaries. If you build a fence without your neighbor’s consent, it may result in the fence being demolished. If you feel like it, vote in our poll below.

Source: Gazeta

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