Who actually pays for the fence on the border of the plots? Neighborly accounts

Everyone who watches “their own” every year knows what even unintentional plowing of the neighboring field can end with only three fingers. And what is the sudden erecting the fence between the plots.

Neither Pawlak nor Kargul fought battles for a fence dividing their yards because they did not have to. As part of the repatriation, they settled neighboring farms in Lower Silesia, between which the fence was already stood. And what should people do who are only planning to separate themselves from a neighbor? First of all, do not act hastily and suddenly.

The Supreme Court took the floor regarding the fence

In the case of a fence dividing the neighbor’s plots – even very good – it is not worth surprising. The provisions of the Civil Code and the resolution of the Supreme Court dispel doubts in this matter.

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. If the fence is located exactly on the border of two plots, the law assumes that it is a common property of neighbors. This means that the costs of building, repairing and maintenance of fence should also be divided equally.

Art. 154 of the Civil Code says: “It is presumed that the walls, fences, municipalities, 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.

Like a fence agreement, it’s only in writing

Regardless of the findings, lawyers advise to conclude a contract regarding the fence in writing. It should include details about dimensions, shape and costs of building and maintaining the fence. Even if one of the neighbors does not want to participate in the construction of the fence, and the other is correct.

Because if one of the parties does not want to participate in the costs of building the fence, the other cannot force her to do so. In such a situation, the investment can be fully completed at its own expense, but it also requires the written consent of the neighbor.

The situation is 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, he should remember to comply with the construction law and local provisions regarding spatial development.