Should housing help pay for a fence?


Questioner

Last year my neighbor put up a new fence, she didn't want to pay for it because the fence was already in such bad condition when I moved in that she wanted to fix it Now her daughter has had her evicted and has taken the fence with her. She only left the fence standing if I would still pay for the fence 150 euros. I indicated that I wanted to pay 100 euros because the fence had to be re-erected as it was as crooked as a hoop. The answer was unfortunately that I was going to take it with me now. Now I was wondering if I could split the costs with housing construction since I no longer have a fence. I look forward to receiving your response.

Lawyer

Apparently the landlord lets new tenants take over the fence, then you can't share the costs. A new fence on the property line will have to be paid for by both neighbors.

Lawyer

Dear, if I read it correctly, there are two problems. Firstly, taking the fence with her. What the neighbour does not seem to realise is that the fence may have become the property of her and the landlord of your garden. We call this vertical accession. If this is the case in this specific case, then the neighbour is not at all free to take the fence with her. Secondly, the question of whether your landlord is obliged to provide you with a home (and especially a garden) with a fence. Since the home you rented at the time already had a fence, I can imagine that your landlord is obliged to put up a new fence.

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