Neighbor raises his garden

Questioner

I live in a neighborhood where every garden in the area slopes towards the water in parts or diagonally towards the water. New neighbors are working on the garden and are extending the garden from the beginning of the garden (so from the house) to the water at the same height. This means that people can look over our fence from the middle of the garden to the water, it will be about 30-50 cm. Now I think this is at the expense of my privacy and the neighbors did not discuss or show anything in advance, they just started. I have spoken to the neighbors that I am not happy with this and that we have to look for a solution when it turns out that they can really easily look into our garden. Raising the fence would be an option, but the costs should then be borne by the neighbor, and I actually want to make a fence that is not too high. What can be done about this?

Lawyer

I can well imagine that you are not looking forward to this. But your neighbours are in principle allowed to do whatever they want on their land, and that includes raising it, as long as they do not build a mountain or cause danger. Very occasionally an Environmental Permit for construction activities is required, which you can find in the zoning plan. A property boundary is not an obligation, but a right. You have the right to place a property boundary of up to 2 meters high without your neighbors being able to protest as long as you bear the costs and it meets reasonable standards of well-being. If you place that property boundary on the property line, it becomes half the property of the neighbors, who must also take care of the maintenance. For the maximum height, you may measure from the highest side (i.e. neighbours + 2 metres) and, in consultation (but make sure to record it properly), you may also go higher, possibly with a permit. If you would like to know more, please ask a follow-up question or get in touch.

Lawyer

in addition... it is true that the neighbours are allowed to do what they want, but they are not allowed to cause you any inconvenience with their actions on their property. There are also known rulings in which the judge states that, if there is a raising, the neighbours must also provide drainage, etc. You may have to tolerate that they raise the lot (within reason), but you do not have to accept that you become the neighbours' drain.