Installing a boundary, such as a fence, hedge, or wall, often raises questions about what is and isn't permitted. It's important to know the rules so you can avoid conflicts with neighbors and problems with the municipality. In this article, we discuss the legislation, your rights and obligations, and how best to handle any disagreements.
What does the law say about property boundaries?
The rules for property boundaries are laid down in the Civil Code (Articles 5:49 - 5:59) . These include the following:
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Height of the property boundary
- You may place a fence up to a height of 2 metres without a permit, provided it is in your backyard.
- In the front garden or at a property boundary bordering a public area, the maximum height is usually 1 meter . This may vary by municipality.
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Property boundary
- A property boundary fence may be placed exactly on the property line, but you need your neighbors' permission for this.
- Without consultation, you must place the property boundary entirely on your own land.
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Maintenance and costs
- In the case of a shared property boundary, both neighbors are responsible for its maintenance and costs.
- If the boundary is entirely on your own property, then you are solely responsible.
Installing a property boundary: step-by-step plan
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Determine the property boundary
You can find the exact boundary of your property in your deed or request it from the Land Registry. If in doubt, have a surveyor determine the boundary. -
Consult with your neighbors
Make clear agreements with your neighbors regarding the placement, costs, and maintenance of the boundary fence. Written agreements can prevent future conflicts. -
Check local rules
Some municipalities have additional regulations or permit requirements for property boundaries. Check your zoning plan or contact your municipality. -
Be considerate of the neighbors
The property boundary may not cause any nuisance, such as casting shadows or restricting the view, unless this cannot reasonably be avoided.
What to do in case of a dispute about a property boundary?
Common situations:
- The neighbors are putting up a fence on the property line without consulting them : Ask them for a meeting and make agreements about the boundary. If that doesn't work, you can consider legal action.
- The property boundary is unclear : Have an official survey carried out via the Land Registry.
- The neighbors do not want to contribute to the costs : You cannot force them to contribute to a fence that is on your own land.
Legal steps:
If the conflict persists, you can initiate legal proceedings. However, a mediator or legal advisor can often help resolve the dispute without court intervention.
Conclusion
Installing a boundary fence on your property is subject to clear regulations, but consultation and clear agreements with your neighbors are crucial to prevent problems. Always consult local regulations and document important agreements. In the event of a dispute, it's wise to seek legal advice promptly.
