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Dispute over fence and boundary? How neighbor law applies

Who has to build the fence, who pays for it, and how high may it be? A dispute over boundary and enclosure is a classic among neighbors. The rules are partly in the BGB, but above all in the neighbor law of the federal states.

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Whether and how enclosure is required (fence/hedge) is governed by the states' neighbor law, with rules on height, type and sometimes cost sharing. A 'boundary installation' on the boundary (e.g. a shared fence) is used and maintained jointly by both neighbors (§§ 921, 922 BGB).
Before you take the legal route, in many federal states an out-of-court conciliation attempt is required for neighbor disputes.

What you should do now

  1. 1

    1. Clarify the boundary

    Is the boundary established (site plan/cadastre)? If unclear, a boundary determination by the surveying office helps.

  2. 2

    2. Check state law

    Look into the neighbor law of your federal state: duty to enclose, permitted height/type, cost sharing.

  3. 3

    3. Seek an agreement

    Talk with the neighbor and record an agreement (type of construction, costs) in writing.

  4. 4

    4. Conciliation before court

    If the dispute persists, a conciliation procedure is often mandatory before a lawsuit can be filed.

Frequently asked questions

Who has to pay for the fence between two properties?

That depends on the neighbor law of your federal state and the location. If the fence stands as a shared 'boundary installation' on the boundary, both neighbors bear the maintenance costs jointly (§§ 921, 922 BGB). Where a duty to enclose exists, the state laws govern the split; it is best to agree in writing in advance.

How high may a boundary fence be?

There is no nationwide uniform height; what matters is the state's neighbor law, local custom and, where applicable, development plans. For 'locally customary' enclosures certain heights often apply; higher structures can require consent or a permit. In a dispute, conciliation is required first in many places.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.