10/03/2021 | Buy a property

Adjacent properties and good neighborliness: rights and duties

Whether you live in the city or in the countryside, the construction of a wall, the installation of a fence, the planting of a hedge of shrubs or trees between two adjacent properties obey precise rules of distance, height and maintenance, etc. They may vary depending on the canton. In order to avoid any inconvenience and to live in harmony with neighbors, let’s have a look at the rights and duties of each owner on this subject.

The objective of a fence, whatever its nature (wall, hedge, wire mesh) is to separate two properties in order to preserve each person’s privacy. To be « adjacent”, a fence must be built exactly on the property line. Article 670 of the Swiss Civil Code states that « fences used as a dividing line between two buildings, such as walls, hedges, barriers, which are adjoining, are presumed to belong in joint ownership to both neighbors. « Fencing one’s property is a matter of practice. There is actually no obligation to separate two neighboring properties, except in the event of nuisance. For example, if the neighbor’s dog is walking around your house or, in a rural area, if the local farmer’s cows come to graze your lawn. The owner of the animals in question may have to build a fence at his expense. If a wall is built, it is considered adjoining if its top has a double slope. If the slope is on one side, the wall belongs to the one to which the slope slopes. If the fence is set near the property line but inside one or the other, it is owned by either owner. These « details » and respect for the regulations are important in the event of a dispute with the neighbor.

What is the maximum height of an adjacent fence?

It is different according to the cantons. It ranges from 1.25 meters to 2 meters and often less in agricultural areas. It is possible for you to build a wall higher than the limit but it will have to be pushed back inside your property. For example if you want to build a wall 50 cm higher than the limit authorized in your canton, it must be set back 25 cm from the neighboring land. The wall will therefore be on your property and its maintenance at your expense. To avoid any subsequent problems with your neighbor, find out beforehand about joint ownership regulations in the canton where you live and discuss them with him/her.

Who pays for the construction of a fence?

Rule number 1, which is also the simplest solution, is to agree with the neighbor on the choice of the fence and its aesthetic. If it is a border fence, set exactly on the property line, each will pay half. If the neighbor does not want to participate, you will need to build the fence inside your property bordering the neighbor’s and at your own expense. In this case, if you respect the distances and heights which, let us remind you again, differ from one canton to another, the neighbor will not be able to say anything even if your fence does not appeal to him aesthetically. When a property is sold and a wall has already been built on the neighbor’s property (a wall which is therefore not adjoining), the new owner can request it to become one. In this case, he/she will have to pay half of its value and half of the neighbor’s land on which it is built.

Advantages of an adjacent fence

The first advantage is that both owners agreed on the construction: height, materials, color, etc. This avoids, subsequently, lamenting about « the neighbor’s horrible wall which opens directly onto the garden and for which a solution must be found to hide it ». Moreover, each owner on his/her own has the right to build a garden shed, being careful not to build it higher than the height of the wall. It is necessary to inform the neighbor of this construction, but he/she will not be able to object. This is not the case if the wall is not adjacent, that is to say if you want to build a shelter (or other) by leaning on a wall that does not belong to you.

What are the obligations for an adjacent wall?

– Neighbors must share the cost of maintaining the adjacent wall. They must therefore first agree on it.

– If one of the neighbors wants to raise the wall, he will do so at his own expense. But he will have to take into account the height limits if the wall is adjacent.

– If one of the neighbors refuses to pay the cost of maintaining the wall, he will have no rights regarding the wall which will be the property of the other neighbor.

– Each of the owners has the right to make plantings on his side of the wall, ensuring that it does not exceed the top of the wall nor threaten its solidity.

Planting distance for trees and hedges

Most of the time, it is stories of trees or invasive hedges that create arguments between neighbors. Cantonal law, and specifically the rural code, sets distances, heights and pruning or even felling (for trees) obligations to be observed for plantings. Note that these regulations are very diverse depending on the cantons. Here are some examples:

In the canton of Geneva, it is forbidden to plant trees or hedges less than 50 cm from the limit of a plot (unless these plantings do not exceed the height of the fence in the event that there is one.). Plantings should not exceed 2 meters high when they are 2 meters away from the fence and should not exceed 6 meters high when they are between 2 meters and 5 meters away from the fence. As for trees, they shall not exceed 12 meters high when they are between 5 meters and 10 meters away from the fence. Beyond that, there are no constraints. So you have to think about whether you want to plant trees which are meant to grow very tall.

In the canton of Bern, a hedge of decorative shrubs shall be planted at least 50 cm from the property line and may reach a height of 2 meters. Large trees should be planted at least 5m from the property line.

In the canton of Zurich, a hedge must be at least 60 cm from the property line and cannot exceed 1.20 meters. For future large trees the minimum distance from the fence is 8 meters. For fruit trees, the distance is 3 meters in Bern and 4 meters in Zurich. Note that in the case of fruit trees, the fruit that falls on the neighbor’s property is his property!

Trimming and pruning

When the branches of a tree (or a hedge) protrude past the dividing fence and extend over the neighbor’s property, the neighbor can force the owner of the plantings to cut back what is protruding. The same goes for the roots of a tree, if they stick out on his/her property. If the neighboring property suffers damage from large trees (shade, humidity, loss of light or visibility) the owner has the right to request the pruning of the trees in question. This is generally settled within the framework of good neighborly relations. When autumn comes – the season when dead leaves are collected with a shovel as everyone knows – if all the leaves from the neighboring garden end up in your garden as soon as the wind blows, you have the right to ask this neighbor to get rid of them.