Peter_in_Hungary

Correct - which is why you put the fence on the boundary where it belongs then everything is correct and there can be no debate and the next owner gets a boundary and a fence that match each other.

RickyRocket98

We intend to pay for the entire fence installation and that was the intentional all along because we know that the neighbor is on a fixed pension from what we were told. In thinking about the entire situation We are going to hire a 2nd surveyor to come and mark the boundary to confirm what we already know is the boundary. We will have the Polgarmeister attend the 2nd survey and the neighbour. After this has been done we are going to proceed with having the new fence installed on the property boundary and be done with it. As you say installing the new fence in the wrong place will just make the situation worse down the road.

Considering how much of our garden is on the right side of the house. I am wondering if we shouldn't ask the Polgarmeister about installing fence along that narrow strip that is along the right boundary. It goes from 3 meters at the road to 6 meters at the back of the house. We sure don't want to leave that much unfenced if it means the neighbour is in effect benefiting from the use of that much space, especially since he is becoming a major pain. It seems most houses in this area are built right on the property line or only have a 1-2 meter strip next to the house on the right boundary.

We looked at a buildable plot in a village where the house had been razed and there was a fence on the boundary where the house had been. Surely, if a house were to be constructed there and left off the exact boundary the fence would not be required to be demolished. It was a stone fence or possibly part of the foundation of the old house. In any event it was well crafted.

FenTiger

This is very common in the village where my wife's parents live. There is even a church built right on the property/boundary line. (I'm sure that church must have been built a hundred years before and the boundary fence added later!). Obviously, it means any maintenance of a property built on the property line means asking the neighbour if you can go on their land to carry it out.).

RickyRocket98

Update, We had the fence constructed on the actual boundary after having the property boundaries marked by a 2nd surveyor engaged by the neighbour. We had the village mayor and the fence company appear at the survey also. The old guy is still not thrilled about the situation but we did the proper legal things to cover ourselves. The village mayor said privately to us that the guy next door was always a PITA and not to worry about making him happy. We will just ignore him.

FenTiger

That's great news, especially with the support of the mayor.