The construction or repair of the fence between neighboring plots is a topic that can lead to tension. The location of the fence and the agreement between the owners of the plots are of key importance here.
If the fence is located exactly on the border of two plots, the law assumes that it is a common property of neighbors. As RMF FM reminds, the resolution of the Supreme Court of 24 January 2002 (III CZP 75/01) clearly indicates that the location of the fence determines the rights and obligations of the owners of neighboring real estate.
In this case, the costs of construction, repair and maintenance of fence should be divided equally. Art. 154 of the Civil Code specifies: “It is presumed that walls, fences, mixtures, ditches and other similar devices located on the border of neighboring land are used for the common use of neighbors.” This means that both parties are required to participate in the costs of maintaining the fence.
What if the neighbor wants money for the fence?
If the plots are not yet fenced, the owners can jointly decide to build a fence. However, if one of the parties does not want to participate in costs, the other cannot force her to do so. In such a situation, the investment can be implemented at your own expense, but this requires the written consent of the neighbor.
This consent is crucial to avoid future disputes. It is also worth writing a contract that will determine the details of the construction and the method of dividing costs if both parties decide to invest.
Fence on one side of the plot – full responsibility of the owner
The situation is slightly different when the fence is created entirely on one side of the plot border. In this case, it is the owner of the plot on which the fence is located, bears the full costs of its construction and subsequent maintenance.
However, it should be remembered that the investment must comply with the provisions of the Construction Law and local regulations regarding spatial development. Otherwise, legal problems may occur that will require the intervention of relevant authorities.
Source: RMF FM
