Neighbor replaces fence on property line if I don't agree
Questioner
The garden borders a total of 3 gardens. Neighbor on the left wants to replace 3 fence parts with a different shape, the other 2 neighbors have indicated that they do not want to replace. This will leave me with 2 different shapes of fence and no approval has been given for this. I suggested to the neighbor to keep the same form, but the gentleman thinks that he can decide for himself when he pays. What can I do legally about this? Concerns owner-occupied homeLawyer
In principle, the neighbour will also have to take your interests into account. Although you should jointly arrange for replacement, it can be unreasonable to want to replace prematurely. You may demand that a fence section lasts for a certain period of time, its lifespan, and will be used. Of course, your neighbour may always place a fence on his own property. You may permanently refuse unless the fence sections are at the end of their lifespan and it is time for new ones, but then also in consultation with the choice of material and shape.Questioner
Thank you for your answer. I would like to know the next steps if the gentleman replaces and installs the fence without my approval.Lawyer
If the grounds I mentioned are present, you could demand a ban in summary proceedings, but that goes too far. You could also deduct the value that half of the fence section still represents from the claim that your neighbor will have to share the costs. Demolition on one's own initiative can therefore be unlawful.Take the next step
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