Neighbour disputes and the Fences Act

A neighbour dispute can develop from a small irritation into a long and expensive conflict. Are you planning to put up a new fence, hearing the neighbour complain about your hedge, or in conflict about noise or trees? This guide gives you an overview of the central rules in the Fences Act (hegnsloven) and neighbour law in Denmark.

Note: The rules can vary depending on local plans, municipal bylaws and any covenants on the property. Always check the specific terms for your property.

The Fences Act: the basis for fences and boundaries

The Fences Act (lov om hegn) governs rights and duties in connection with fences on a boundary. The Act applies as a rule to real property in both rural and urban zones.

Who owns the fence?

The starting point in the Fences Act is that a fence on a boundary is a joint fence and therefore a shared responsibility. This applies unless otherwise agreed (for example in a covenant or a specific agreement).

That normally means:

• Both neighbours own and maintain the fence jointly
• The costs of establishing and maintaining it are shared equally
• Neither party can significantly change the fence without the other's consent

Can my neighbour force me to put up a fence?

In some cases. If the neighbours cannot agree, the question can be decided by a fence inspection (see below), and the inspection can order a joint fence to be put up and apportion the costs. In addition:

• In urban zones there may be local building regulation that requires a fence
• Special rules can apply to keeping animals and the like
• The parties can of course agree to put up a fence and share the costs

What are the rules for hedge height?

There is no national, uniform rule on hedge height, and local plans and municipal bylaws take precedence. Here are some general guidelines:

Hedge type or location	General guideline
Hedge along the boundary with a neighbour	Often around 1.80 m
Hedge along a road	Typically lower for visibility
Hedge along a field (rural zone)	More liberal rules

If your neighbour does not observe the permitted hedge height, you can ask for a fence inspection.

Boundary distance for trees and bushes

Neighbour law also governs trees and bushes near a boundary. The basic rule is:

• Trees and bushes should be planted at a reasonable distance from the boundary so they do not cause unnecessary nuisance
• If a tree is planted too close to the boundary and causes shade, roots or falling branches, the neighbour can in some cases demand it be pruned or removed
• The municipality may have local-plan provisions on the distance to the boundary

The fence inspection: the practical solution

If the neighbours cannot agree about the fence, either party can ask the municipality for a fence inspection (hegnssyn). It is a cheap municipal scheme for fence disputes.

What happens at a fence inspection?

1. You ask the municipality for a fence inspection
2. The fence inspectors visit the properties
3. They try to mediate and reach an agreement
4. If that is not possible, a fence-inspection decision is issued
5. The decision is binding and can be brought before the courts within 4 weeks

The fence-inspection decision can determine:

• Whether and how the fence should be put up or changed
• Who pays what
• When the work is to be done

Neighbour law: the rules on noise, smoke and nuisance

Neighbour law is an unwritten (judge-made) principle that sets limits on what you may do on your property when it disturbs the neighbour. The central rule is that you may not cause the neighbour unnecessary or unreasonable nuisance.

When is a nuisance "unnecessary"?

The test is objective: would an ordinary reasonable person in the neighbour's place find the nuisance unreasonable? It depends on an overall assessment of:

• The intensity and frequency of the nuisance
• The time (day, night, weekend)
• The character of the local area (residential vs. industrial)
• Whether the nuisance is normal for the area
• Whether the disturbing activity is lawful and usual

Noise from neighbours

Noise is a frequent cause of neighbour disputes. Relevant rules:

• Municipal rules: most municipalities have provisions on noisy activity (for example music and garden machinery)
• The Environmental Protection Act: protects against noise nuisance above the limit values
• House rules: in owner and cooperative associations

What can you do about noise nuisance?

1. Talk to the neighbour; many cases are resolved in dialogue
2. Make a written complaint
3. Complain to the municipality
4. Report repeated and gross violations to the police

Smoke, fumes and smell

Barbecue smoke, bonfires and other smoke are a classic point of dispute. The rules are not clear-cut:

• Bonfires in the garden: most municipalities have rules on or bans against burning in urban zones
• Barbecue: generally allowed, but not to an extent that causes unnecessary nuisance
• Pervasive smell: for example from keeping animals or compost can be grounds for complaint

The neighbour's building case: shade and view

If the neighbour builds so it affects your light or view:

• A building permit: the municipality may have approved the building, but it does not necessarily exempt from neighbour-law liability
• Neighbour law does not automatically give a right to a view or sun, but protects against extraordinary and unnecessary nuisance
• Request access to the building case and complain to the municipality if the rules are not observed

Mediation and conflict resolution

Neighbour conflicts affect many, but few want a long and expensive court case. Alternatives to the courts:

1. Direct dialogue

It sounds banal, but the best solution is often a friendly conversation. Many conflicts escalate because no one talks to each other. Always start here.

2. A written approach

If dialogue is difficult, a letter or email can help by putting the matter in writing, showing you take it seriously, and giving the chance to express yourself precisely.

3. Municipal mediation

Many municipalities offer mediation in neighbour cases. It can have a great preventive effect.

4. Court mediation

If the case has already been brought before the courts, the courts offer court mediation, a voluntary mediation process with a trained mediator who can help the parties reach a settlement.

5. Fence inspection (for fence cases)

As described above, the formal procedure for fence cases.

When is a court case relevant?

A court case should be considered if:

• You suffer a concrete and documentable loss
• The nuisance is serious and continuing
• All alternative solutions are exhausted
• The case has a matter of principle

Court cases about neighbour relations are expensive, time-consuming and stressful, and the outcome is never certain. Always assess whether the case is proportionate to the cost.

Practical examples of neighbour disputes

Scenario 1: the hedge is too high

Lars plants a beech hedge along the boundary with his neighbour Birthe. The hedge grows to 2.4 metres and shades Birthe's terrace. Birthe approaches him amicably, but Lars thinks the hedge is his to decide over. Birthe asks the municipality for a fence inspection. The fence inspectors find that the local plan sets a limit and issue a fence-inspection decision ordering Lars to prune the hedge.

The point: local plans set specific limits, and a fence inspection is an accessible and cheap solution.

Scenario 2: the night party

Anne lives in a residential area. Her neighbour Henrik holds parties with loud music until 3 am several Fridays in a row. Anne has talked to Henrik, who promises to turn it down, but nothing happens. Anne documents the episodes in a log with date, time and noise level. She complains to the municipality, which carries out an inspection and can issue an order.

The point: the municipality can intervene in continuing noise nuisance, and documentation is decisive.

Scenario 3: the neighbour's tree shades the garden

Peter has a large oak that casts shade over the garden of his neighbour Lisa. Lisa demands the tree be felled. Peter thinks the tree is his. Who is right?

The starting point is that it is Peter's tree, and neighbours do not automatically have a right to sun and a view. But if the tree is planted too close to the boundary and causes serious nuisance, neighbour law can come into play. The parties seek mediation via the municipality and agree that Peter will substantially prune one side of the tree.

The point: trees and shade fall under neighbour law, and dialogue and mediation are usually better than a court case.

A comparison of conflict-resolution methods

Method	Time	Cost	Binding	Suited to
Direct dialogue	Days	DKK 0	No	All conflicts, start here
A written approach	Days	DKK 0	No	Formalising a demand
Municipal mediation	Weeks	Usually free	No	Many neighbour cases
Fence inspection	1 to 3 months	A low fee	Yes (can be appealed)	Fence and hedge cases
Court mediation	Weeks to months	Low	No	Cases already before the court
Civil court case	1 to 3 years	High	Yes	Large cases with a documentable loss

Covenants and local plans: check your property

Many property conflicts arise from misunderstandings about which rules apply. Check:

• The Land Register: are there registered covenants that limit the use of your property?
• The local plan: are there local-plan requirements for fences, hedges, buildings or planting?
• The municipal plan: what is the property's zone status?

You can see registered information on tinglysning.dk and local plans on the municipality's planning portal.

Frequently asked questions about neighbour disputes and the Fences Act

Can my neighbour force me to remove a hedge planted inside my own plot?

If the hedge is planted within your own plot (not out to the boundary), you are as a rule free to have it, but it may not cause your neighbour unreasonable nuisance. If it is planted very close to the boundary and causes massive shade or overlooking, neighbour law can in principle come into play. If the hedge is directly on the boundary, it is a joint fence and is governed by the Fences Act.

What do I do if the neighbour builds something that removes my garden view?

A view is not a legal right that can be enforced automatically. Neighbours do not have a right to preserve a given view, unless there is a registered covenant protecting it. The decisive thing is whether the building has the necessary building permit. A complaint to the municipality is possible if the rules are not observed.

What does it cost to ask for a fence inspection?

It varies from municipality to municipality, but a fence inspection is typically associated with a modest fee. Contact your municipality's technical department for the current rates. Note that the losing party can end up paying the costs of the case.

When is neighbour noise a police matter?

Repeated and gross noise, especially at night, can be reported to the police as a violation of the public-order rules following from the public-order regulation and any local police bylaws. The police often give a warning first. A report is most relevant for serious, repeated cases, not for isolated episodes or reasonable neighbour noise.

Summary

Neighbour disputes are unpleasant, but there are clear rules:

• The Fences Act: a fence on a boundary is as a rule a joint fence, and a fence inspection can resolve disagreements
• Hedge height: check your local plan; there is no national, uniform rule
• Neighbour law: protects against unnecessary and unreasonable nuisance, including noise, smoke, smell and shade
• Mediation: try dialogue, municipal mediation or a fence inspection before a court case
• Document everything: keep correspondence, photos and complaints if the case escalates

Most neighbour disputes can be resolved when the parties know their rights and are willing to find a pragmatic solution.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer for advice on your specific situation.