Legal Advice on Property Divorce for Tenants

Questioner

Between two properties in Eindhoven, owned by tenants of the same landlord, there's a boundary consisting of about half a hedge and a wooden fence (over 50 years old). The fence is completely rotten (will eventually collapse), and the hedge has never been maintained on one side and is now about 2 meters thick (with thick branches), measured from the center of the fence and 40 cm towards the well-maintained side. The hedge leans towards the neglected side and is only held back by a nearly rusted wire (which was once placed in the middle of the hedge because the hedge had started to lean (will eventually collapse). The tenant on the unmaintained side is a foundation that houses families/people with (financial) difficulties. These sub-tenants have no connection to the property and are completely passive regarding maintenance and investments. The tenant on the well-maintained side is a very elderly woman who lives on a small state pension and receives subsidies to live there, yet still manages to have her garden maintained. After a lengthy period of communication with the foundation and the landlord, the foundation is willing to contribute half of the costs for a proper boundary fence. The elderly woman cannot be burdened (financially) with this. The landlord indicates that they are not a party to this matter, which they consider theirs between the tenants. Is the landlord or the tenant obliged to provide proper fencing? If so, can you help by suggesting what they should be pointed out to?

Questioner

In this case, the landlord is responsible for the costs of complete replacement; the tenant is only required to carry out minor repairs, not major maintenance. See also the Decree on Minor Repairs and Article 7:206, sections 1-3, https://wetten.overheid.nl/BWBR0005290/2019-03-16#Boek7_Titeldeel4

Questioner

Response from the Landlord Foundation: '...As already indicated, a partition fence is something that neighbors have to arrange themselves and this also includes removing an old boundary such as an old fence or hedge. ...but of course you can also choose to leave it as is....' The landlord is therefore (still) of the opinion that this is a matter between the tenants of both properties and this has resulted in a stalemate. What can we do now to resolve this? / What is your advice? Suppose the landlord indicates that the property was delivered without a boundary fence, or that the boundary fence was installed about 40 years ago by one (or both) of the tenants... Does this change your conclusion?

Questioner

My argument, if legally substantiated, will likely be accepted, in my experience. Any owner can demand that their neighbor erect a fence, such as posts. But if a tenant decides to erect a fence, either alone or together, without their landlord's permission, the landlord becomes the owner under the rules of accession. Therefore, my conclusion remains unchanged. I can draft a legally substantiated letter for you; please contact me.

Questioner

Dear Monique Ferwerda, A while ago, I responded directly to you and gave you my email address (via "contact directly"), but I haven't heard anything back. Did something go wrong? regards Alex

Questioner

Dear Monique Ferwerda, A while ago, I responded directly to you and gave you my email address (via "contact directly"), but I haven't heard anything back. Did something go wrong? regards Alex Replied again. https://www.rechtswinkel.nl/mailverzonden/148828 Contact request sent Your contact request has been sent to Monique Ferwerda. Click here to go back to the question.

Questioner

Oh, that's a shame, I think something went wrong. If you still have the email address, you can clarify your question again right away.

Questioner

see email 2019-10-15