Moving with legal questions?

Questioner

Dear Mr. / Mrs. There are plans to move from my rental home. Over the years I have made many improvements to this home. At that time I also had a fence installed and paid for it. There was no separation and my neighbor thought such a large garden between two houses was quite nice. So in other words...He didn't pay his share. This is why it is also placed on my side of the garden Now I want to sell this fence to a third party. Is this allowed?

Lawyer

Well, in principle the landlord has become the owner of the fence by the rules of accession. It concerns a legally objective improvement of the rental property for which permission is required, but that does not prevent the landlord from compensating you at current value. If the fence can be removed without significant costs and without breaking anything, you could also opt for the fact that no permission was required and the property is movable and you are therefore authorised to remove it again and do with it as you wish. For other objective and sustainable improvements, the landlord may be required to compensate you because he has been unjustly enriched as a result.