Question. I have a house on the coast of Alicante that is part of a joint ownership community of two similar houses. My neighbor, without consulting me beforehand and ignoring my complaint, has built a metal fence claiming he needs more privacy. It blocks my view of the landscape and spoils what can be seen from a covered terrace overlooking the valley. He promised to remove the fence once the plants he placed in planters grew, but not only has he not done so, he has added more meters and some wires for the plants to climb. Is there a legal way to force him to remove or reduce the size of this fence, or is it a lost cause? Luis F.
Answer. If the fence has been built entirely within your neighbor’s property, you do not need his authorization, so you cannot claim anything. Likewise, the mere fact that a construction made on an adjoining property “spoils the views” or is aesthetically unpleasant does not, by itself, constitute a legal reason for a claim.
The situation is different if the fence invades your property, causes you damage, or if it has been supported or anchored on a wall or fence that belongs to you. In these cases, you could require your neighbor to remove the fence and repair the damage caused.
On the other hand, if your neighbor verbally committed to removing the fence once the plants grew and has not fulfilled that commitment, you can claim enforcement of that agreement, since verbal agreements are valid. However, the main drawback of this type of agreement is the difficulty of proof if the other party denies its existence.
Regarding the height of the fence, this issue is usually regulated by municipal ordinances. It is advisable to go to the corresponding City Hall to check if the fence complies with the applicable urban planning regulations regarding height, materials, or type. In case of non-compliance, you may file the corresponding complaint so that the neighbor complies with the current regulations.
If you have doubts, suggestions, or simply want to tell us your case, you can send us an email at vivienda@elpais.es.
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