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There is a clear answer to the question of whether you can paint your neighbor's fence: No, you can't - at least not without the neighbor's consent. This is prohibited by property and neighborhood law. The best thing to do is to agree on a fence at the property line with your neighbors as a model.
In a nutshell
- Border fences are very common reasons for neighborhood disputes
- The cause is often the unsightly condition of the fence
- Talking to your neighbors first helps in many cases
- under no circumstances just paint the fence yourself
- however, if there is a fence directly on the border, a cost contribution may be required
Legal background
A neighbor's fence either belongs to theirs property or is at least in a rented property possession. This means that it is fundamentally impossible for someone to remove this third-party property without the express consent of the neighbor. That would be an encroachment on someone else's property rights and thus also a violation of fundamental rights.
In the event of disputes between neighbors, the Basic Law is generally less applicable than the so-called neighborhood law. This is a different state law in each of the federal states. Every federal state, except Bavaria, has such a right. It regulates important questions such as:
- Height and nature of fences
- maximum permitted height of hedges
- permitted noise nuisance
- lawn mowing times
The same principle usually applies to all neighborly rights of the countries, namely that of peaceful and understanding coexistence.
Tip: You can obtain precise information on the applicable law from your municipality or city.
fence dispute
The dispute over a garden fence is actually one of the most common disputes that end up in civil court. However, this is less about the condition of the fence and more about its height or its exact placement. In such a case, however, court proceedings are always the worst and usually also the most expensive solution to a conflict. It always makes more sense to talk to your neighbor in advance. In general, a good neighborly relationship prevents a large number of possible disputes. The nerves already it beyond that too. The prerequisite for this, however, is that the neighbor is also of good will.
frequently asked Questions
How to settle a dispute over a fence among neighbors?in which all sides have their say with their arguments. In the end, the arbitrator decides. His arbitration award can be accepted or rejected by both sides. The next step may be going to court.
Why can't I just paint the neighbor's fence myself?Because it would be an unauthorized interference with his property rights. Nothing can be done without his permission.
Do I have to contribute to the costs of painting?It depends. Many neighborhood laws stipulate that the costs must be shared if a border fence is actually on the border between two properties. The neighbor can then demand a share of the costs from you, for example for the purchase of the paint. However, you do not have a say in the choice of color.