Data publicării
26 October 2023
I was inspired to write this article by a situation that happened to a friend. When problems arose with the neighbors regarding the fence installed between the plots. It all started with the fact that the fence started to get in the way, apparently because it blocked the sunny side and the plants did not grow well, although there were no plants near the fence, just various “junk”.
Gradually, the situation escalated and finally it reached the point where one day the neighbor rolled up half of the fence sheets and was preparing to take them in an unknown direction. Fortunately, the injured party arrived in time. The neighbor claimed that he was the one who put up this fence and now he no longer needs it and is about to give it to the village garbage man as a gift. Although the former owner of my friend’s property claimed otherwise.
His argument was that the entire structure of the fence is on the side (pipes, crossbars) and the owner of the fence, according to some construction codes, is the one on whose side the elements of the fence frame are located.
Which is logical in principle.. And as it turned out during the disassembly process, he wanted to completely dismantle the fence and sell the land completely.. The situation was resolved by the fact that the previous owner of the land of a friend was somehow able to confirm with documents and the whole situation went away…
Why did it happen? Because the agreements were not registered anywhere.
Yes, on the one hand, the law prohibits the installation of solid fences between plots. But you can do that here too if you come to an agreement with your neighbors.
To avoid such situations in the future, you should formalize all agreements with your neighbor in writing when installing the fence. The agreement should include any nuances, for example: Agreement with the height of the fence, the type of material, who maintains it, whose property is this fence, the conditions under which when the owner of the plot changes, it is necessary to inform the opposite party to agree on the terms with the new owner. and so on. It seems absurd, but no… in our society you have to be prepared for anything. In the future, this will help you, if questions arise, to make a court decision in your favor.
In Moldova, neighbor wars are a whole topic about which you can make a film, so almost tomorrow your friend, the so-called good neighbor with a fictional name Nikolai Ivanovich, may suddenly get angry about something and write a complaint.
If you agreed and received consent only that the fence is solid and the neighbor is not against it, then the fence must be positioned so that the posts and logs (crossbars) face your plot, and the fence sheet is “stitched ” by the neighbor. This will be an added advantage in your favor if a neighbor wants to take the fence with him when he sells the land. After all, by default it is generally accepted that the owner of the fence is the one who has the engineering structure on the site.
One more thing – if you put the fence with posts facing outwards, then right along these logs, like a ladder, it will be very easy for this fence to be easily climbed, which is not very safe.
In addition, the location of engineering fence structures on your plot is a convenient place for attaching anything. For example, the same reflector, a hedge, a place to dry the mother-in-law, you can also straighten the fence if it suddenly leans, etc.
Another tip, take photos of your receipts, fence construction contracts, save them to the cloud in case they come in handy sometime…
