My neighbour doesn't want a fence

My neighbour doesn't want a fence

"I'd like to separate my plot from my neighbour's with a wooden fence. My neighbour is opposed to any kind of separation.

What about it?"

Separating plots of land by means of a wall, palisade or hedge is likely to give rise to heated discussions between neighbours, and this matter is regulated at both federal and cantonal level. The Geneva law implementing the Swiss Civil Code and the Code of Obligations lays down the principle that any owner may fence off his or her land and require his or her neighbour to contribute financially to the erection and maintenance of the fence.

However, as with any construction, whether of a building or a simple shed, you must first submit an application for planning permission to the Department of Buildings and Information Technology. Once this has been done, your application will be published in the Feuille d'avis officielle and your neighbour will have 30 days to submit her comments to the department, which will then make a decision. If the criteria for granting permission (in particular the dimensions and materials used) applicable to the zone in which your plot is located are met, building permission may be granted and you will then be able to enclose your plot.

That said, you know that your right of ownership is not unlimited. In fact, when you exercise a right granted to property owners, you must respect a certain number of limits imposed not only by federal law, but also by local custom. Generally speaking, you must avoid causing any damage to third parties when exercising your right of ownership. As far as neighbourly relations in particular are concerned, the limit is where your neighbour's property rights begin. It should be noted, however, that neighbours must show a certain amount of tolerance towards each other. The level of this tolerance depends on local custom, the location and the nature of the building.

As you will have understood, if you obtain permission to erect a wooden palisade, you will have the right to separate your plot as you wish and, if necessary, ask your neighbour to contribute to the costs. However, you must ensure that this is not a purely chicanery measure towards your neighbour, who will not be allowed to oppose it for the sole purpose of annoying you. In this way, you can maintain good neighbourly relations.