Can my neighbor change a shared border fence without my permission?
May 6, 2024 | 40,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you because I am unsure about a matter concerning my neighbor and I urgently need advice. My name is Alexander Schillinger and I live in a townhouse in a quiet residential area. Some time ago, I noticed that my neighbor has started to change the shared boundary fencing between our properties without informing me or asking for my consent.
I am concerned about these changes as the boundary between our properties was previously clearly defined and fenced. The unauthorized alterations could lead to disagreements regarding the property line, potentially resulting in conflicts and disputes. Furthermore, a changed boundary fencing could affect my usage rights and the value of my property.
Therefore, my question to you is: Can my neighbor change the shared boundary fencing without my consent? What legal steps can I take to protect my interests and find a solution to this situation? Are there ways to reach a mutual agreement with my neighbor without getting into a lengthy legal dispute?
I thank you in advance for your help and support in this matter. I look forward to your professional assessment and advice on how best to proceed to safeguard my rights and find a resolution.
Sincerely,
Alexander Schillinger
Dear Mr. Schillinger,
Thank you for your inquiry regarding the changes to the shared boundary fencing by your neighbor. As a lawyer specializing in neighborhood law, I understand your concern and am happy to assist you with my advice.
Generally, under German neighborhood law, it is not allowed for your neighbor to alter the shared boundary fencing without your consent. The boundary between your properties is clearly defined and fenced, and any changes should only be made in agreement with you. Unauthorized alterations can indeed lead to disagreements regarding the property line, which can result in conflicts and disputes.
To protect your interests and find a solution to this situation, I recommend that you first try to have a conversation with your neighbor and politely but firmly address the unauthorized changes. Explain to him that you are concerned and that finding a mutually agreeable solution is in both of your interests. Your neighbor may not have realized the significance of his actions and may be willing to undo the changes.
If the conversation with your neighbor does not yield the desired result, you should consider taking legal action. You can hire a lawyer to represent your interests in court and potentially obtain an injunction to stop the changes. Additionally, you can file a boundary determination lawsuit to establish the exact boundary line between your properties.
However, it is always advisable to first seek a peaceful resolution and strive for a mutual agreement with your neighbor to avoid a lengthy legal dispute. Have an open and respectful dialogue with each other and show understanding for each other's positions. If necessary, mediators or arbitration services can also be involved to find a solution.
I hope my explanations help you and that you can find a suitable course of action for your situation. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Oliver Ratzberg
