table of contents
- Legal background
- Fence dispute
- frequently asked Questions
There is a clear answer to the question of whether you can paint the neighbor's fence: No, you are not allowed to do that - at least not without the neighbor's consent. Property and neighborhood law prohibits this. The best thing to do is to agree on one with your neighbor as a model Fence at the property line.
In a nutshell
- Border fences are very common reasons for neighborhood disputes
- The cause is often the unsightly condition of the fence
- Talking to your neighbors beforehand helps in many cases
- In no case simply paint the fence yourself
- In the case of a fence directly on the border, however, a contribution to the costs may be required
Legal background
A neighbor's fence is either one of theirs property or at least in the case of a rented property possession. This basically rules out the possibility of someone else's property being deleted without the express consent of the neighbor. That would be an encroachment on someone else's property rights and thus also a violation of fundamental rights.
In the case of disputes among neighbors, it is generally less the Basic Law that applies than what is known as neighborhood law. This is a different state law in the federal states. Every federal state, except Bavaria, has such a right. It regulates important questions such as:
- Height and texture of fences
- maximum allowable height of hedges
- permitted noise nuisance
- Times to mow the lawn
The same principle usually applies to all neighborhood rights of the countries, namely that of peaceful and understanding coexistence.
Tip: You can obtain precise information on the applicable law from your municipality or city.
Fence dispute
The dispute over a garden fence is actually one of the most frequent disputes that land in a civil court. However, it is less about the condition of the fence than about its height or its exact location. In such a case, however, legal proceedings are always the worst and usually also the most expensive solution to a conflict. It makes more sense to talk to the neighbor in advance. In general, a good neighborly relationship prevents a large number of possible disputes. The nerves are there too. The prerequisite for this, however, is that the neighbor also shows goodwill.
frequently asked Questions
to which all sides have their say with their arguments. In the end, the arbitrator decides. His arbitration decision can be recognized or rejected by both sides. The next step may then be to go to court.
Because it would be an unauthorized interference with his property rights. Nothing works without his permission.
It depends. In many neighborhood laws it is regulated that the costs have to be shared if a border fence actually stands on the border between two properties. The neighbor can then ask you to share the costs, for example for the purchase of the paint. However, you do not have a say in the selection of the color.