Who's Right?Fence between two gardens: who has to pay?
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In short
In France, anyone may fence their land, but a neighbour can only be forced to share the cost of a new fence in towns and their suburbs. An existing shared fence is maintained at joint expense, unless one neighbour gives up their share of ownership.
Both sides
The wire fence between our gardens is rusty and sagging in places. Thomas's dog wanders into my garden almost every day. I found a 1.8 m wooden fence for 1,600 euros, installation included. Since it separates both our properties, I think it's fair that he pays half. A fence benefits both sides.
I agree the wire fence is in bad shape, I'm not denying that. But a fence you can't see through is what she wants, not what we need. New wire mesh would cost about 500 euros. I'm happy to pay my share to replace what's there, not for a makeover I never chose. And I'd have liked her to talk to me before getting quotes.
The verdict
Inès has a real point. The current fence is worn out, it separates both properties and it serves both homes, especially since it's Thomas's dog getting through. Replacing a broken shared fence is a shared cost, not a whim.
Thomas wins on the rest, though. Going from wire mesh to a fence you can't see through is a choice about privacy and looks, and it costs three times as much. You can't expect your neighbour to fund an upgrade they didn't ask for, especially with a quote already picked out without them.
So the fair split covers the equivalent of what's already there. The extra cost belongs to the person who wants the extra comfort.
The compromise
Replace the old wire with new rigid mesh on the boundary line, split 50/50 (about 250 euros each). Inès adds privacy slats or a screen on her side at her own cost. Both sign a short written agreement attached to the chosen quote.
What the rules say
Every owner has the right to fence their land, in town or in the countryside. That right doesn't mean the neighbour has to pay: the French Civil Code only provides for a mandatory contribution in one specific case.
Article 663 of the Civil Code: in towns and their suburbs, anyone can require their neighbour to contribute to building and repairing the fence that separates their houses, yards and gardens. The height is set by local regulations or established local custom.
A fence separating two properties is presumed to be jointly owned, with exceptions set by law, for instance when only one of the two properties is enclosed (article 666). A jointly owned fence is maintained at joint expense, but a neighbour can escape this obligation by giving up joint ownership (article 667).
In every case, the local planning rules must be respected (height, type, appearance and position of the fence). These vary from one municipality to another, and some rules come from local custom: ask the town hall's planning department. Finally, a fence must not cause an abnormal nuisance to the neighbour, for example by depriving them of light or view.
Sources:
- Section 1 : Du mur et du fossé mitoyens (Articles 653 à 673) - Légifrance (legifrance.gouv.fr)
- What are the rules for building or settling a fence? (service-public.gouv.fr)
General information, not legal advice.
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Frequently asked questions
Can my neighbour refuse to pay half of a new fence?
Outside towns and their suburbs, they can't be forced to pay for a fence they don't want. In towns, article 663 of the French Civil Code allows you to require them to contribute to the fence separating houses, yards and gardens. If you're stuck, try an amicable solution first, for example with a court-appointed conciliator (conciliateur de justice).
Can I put up a fence without my neighbour's consent?
Yes, every owner has the right to fence their land. You still have to follow your municipality's planning rules and avoid causing an abnormal nuisance. For a shared fence on the boundary, a written agreement prevents a lot of arguments.
Who pays to maintain a shared fence?
Both neighbours, at joint expense. A neighbour can opt out by giving up joint ownership, but they then lose their rights over the fence.
How do I know if the fence between our gardens is shared?
A fence separating two properties is presumed to be jointly owned, with exceptions set by law, for instance when only one property is enclosed. Also check your title deeds, which may say who owns it.
How tall can a fence between two gardens be?
It depends on your municipality's planning rules and local custom. The town hall's planning department can tell you what applies where you live.
Guide Disputes between neighbors: the guide
Written with the help of AI · This is not legal advice. How Who's Right decides
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