Walls, fences, ditches and other similar structures located on the boundary of neighboring lands are presumed to be for the common use of the neighbors. The same applies to trees and shrubs on the boundary. Users of these structures are obligated to jointly bear the costs of their maintenance (Article 154 of the Civil Code). This means that neighbors are jointly and severally liable for fence repairs. Unfortunately, the regulations are silent on the issue of covering the costs of building a fence between neighbors. In practice, this means that the owner of the fence is the person who incurred the costs of its construction.
There is a common misconception among property owners that a property fence cannot exceed a height of 2.20 meters from ground level. After meeting several statutory requirements, it is possible to build a fence with significantly higher parameters.
Katarzyna Plowens
attorney-at-law
tel. + 48 604 696 245
www.kancelariaplowens.pl