When Is a Fence Required?
The obligation to fence a property may arise from local regulations, such as local zoning plans or building condition decisions. These documents can specify whether a given property must be fenced and the parameters of the fence, such as height, material, or distance from the property line. Additionally, the requirement for a fence may stem from specific regulations, such as those related to animal breeding, business operations, or environmental protection. In such cases, failure to install a fence can result in administrative penalties or other sanctions.
Lack of a Fence and Civil Liability
Even if building a fence is not required by law, its absence may lead to legal consequences, particularly in the context of civil liability. The property owner is responsible for damage caused by pets or individuals on their property if they have not exercised due caution. The lack of a fence may be considered a failure to take such caution, potentially leading to the obligation to pay compensation to the injured party. Furthermore, the absence of a fence may complicate the determination of property boundaries and lead to neighbor disputes. In extreme cases, a court may order the property owner to construct a fence if its absence violates the rights of neighbors or creates a safety hazard.