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Neighbor uses fence as a rank aid: allowed or not?

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The neighbor uses the private fence as a rank aid? Whether this is allowed depends on the nature of the fence and the detailed details.

If the neighbor uses the border fence, your fence or house wall as a climbing aid for climbing plants, the question arises whether this is allowed. This decision depends on the type of fence and the ownership.

It depends on what kind of fence it is.

If the border fence is common and has planted a climbing plant on its side, he must ensure that it does not grow over to her side. So he has to stop them sufficiently and contain their spread.

If he does not cut his ivy or Clematis, ask him in good time and friendly to catch up with this. If the neighbor refuses to suck the plant, you are entitled to remove the overhanging branches yourself. Alternatively, you can also instruct a gardener and then invoice the costs to your neighbor. However, this path is a little more tedious and can trigger a dispute.

Important: You must not go to the neighboring property and from there you can trim the plant independently. Also, when cutting back on your side of the fence, you must not damage it so that it dies.

If the ivy, the Clematis or another climbing plant from the neighboring garden grows along your house wall and if you do not wish that, you can assert a removal claim, explains Dahag Law Services AG. “The neighbor has to make sure that the ivy belonging to it does not ‘prolifer the adjacent plots of land,” explain the lawyers.

If your neighbor does not remove its climbing plant on your house wall and caused damage to the facade or plaster, the neighbor, to which the plant belongs, is also responsible for the damage caused. That means he has to remove it and pay the costs of the repair.

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