When neighbors can force you to tear down a fence / Pexels
A fence between neighbors is supposed to provide more privacy, but in practice, it is often the reason for conflicts that end up in court. The reason is that even on your own plot, you can't build anything without taking into account the rights of your neighbors.
What kind of fence is considered illegal?
The owner of land in Ukraine must use it in a way that causes as little inconvenience to neighbors as possible, according to Article 103 of the Land Code.
Most often, disputes begin over a few extra centimeters. The owner may be sure that he has installed the fence correctly, but in fact he has captured part of the neighboring territory.
If the fence extends beyond the boundaries of the cadastral plan, it is considered an unauthorized seizure of the land plot, i.e. illegal. In this case, the neighbor has the right to go to court, which can force the owner to remove the fence.
Moreover, you will have to demolish the fence at your own expense, and no one will pay compensation for materials or work.
When does fence height matter?
Even if the fence is clearly on the boundary, a neighbor can still make a claim. Problems arise when the fence is too high or blank.
According to State Building Codes, it is usually recommended to install transparent or mesh fences between neighboring plots. This is necessary for normal lighting, ventilation, and avoiding excessive shading.
-
The height of the fence between neighbors should not exceed 1.5 – 2 meters , depending on local regulations and the type of development.
-
A higher structure is allowed from the street – up to 2.5 meters .
If a solid, high fence blocks the sun from a neighbor, and his garden or orchard suffers as a result, this may be considered a violation of the principle of good neighborliness.
Do I need a permit to install a fence?
For ordinary fences near private houses, dachas or estates, separate permits are not required, unless they are capital. But even without a permit, it is necessary to comply with building codes and not violate the rights of others.
Yulia Yurchenko, a lawyer at the law firm “Maxim Boyarchukov and Partners”, emphasized in a comment for Channel 24 that when installing a fence, it is important to take into account the rights and obligations of all owners.
The lawyer explained that according to paragraph 6 of the List of Construction Works, the construction of temporary buildings and structures without a foundation on a land plot, in particular fences near individual, garden and summer houses, is permitted without obtaining permits.