Ready-made hedge and neighbours, what are your rights?

Questioner

We want to plant a ready-made hedge with an attached climbing plant on our property. This will have to be placed against the fence of the neighbours because we are not allowed to let anything grow directly against their fence, as they themselves have indicated. From our fence, a climbing plant will inevitably grow against their fence. To what extent are we obliged to coordinate our choice of climbing plant (attaching versus non-attaching) with the neighbours, even though our fence is completely on our land?

Lawyer

You can choose to place the fence on your own property, whereby the climbing plant will attach to the fence of the neighbours, but for which you do the maintenance to prevent the latter. The neighbour will have to tolerate this and can only take action if the climbing plant would grow over their fence and cause a nuisance. In short, you are not obliged to coordinate with the neighbours if the fence is placed on your property. If you cannot (yet) reach an agreement together, then I would like to look at your case.

Lawyer

Is your neighbor's fence also on your own property?

Questioner

Yes, the neighbors' fence is on their property

Lawyer

Then the above answer applies. Because the property line has shifted in your favor, you could still discuss with your neighbors that a new dividing wall will be placed on the property line so that there is a joint property that you both have to maintain. But if it is a matter of a few centimeters and your neighbors do not want to cooperate, you would indeed be better off placing your own fence.