Are the neighbors obliged to cooperate in the construction of a fence/partition wall in new construction?


Questioner

We recently installed a fence (on our property) at our new house. Our neighbours did not want to participate because they preferred a conifer hedge instead of a fence. We don't want to push it to the limit, but we did wonder what is legal now. After searching the internet, we saw that we can demand that the neighbours participate and a ruling by the Supreme Court in December 2019 that a conifer hedge is not legally a dividing wall and therefore cannot be a substitute for a fence. In our municipality, a hedge is not customary or simply based on the municipal bylaw. 1. Is it true that neighbours are obliged to cooperate in the construction of a fence/partition wall in new construction? 2. Is it true that a conifer hedge does not legally qualify as a fence/partition wall? 3. Can a conifer hedge extend above the 2-metre fence? 4. If not, that is clear. If so, do our neighbours have to keep to the minimum distance of 2 metres for trees?

Lawyer

1, 2 correct, 3, 4 no, yes must adhere to the rules. Even if no new construction, a dividing wall on the property line may always be enforced.

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