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210.100 EGZZGBLICC CH-GR

Art. 101 Introductory Act to the Swiss Civil Code (EGzZGB) - XI. Fencing

### Special Part - Property Law - Neighbor Law
Open official source Full Act (177 Articles) Machine-readable Markdown (.md)

Art. 101 EGzZGB - XI. Fencing · XI. Fencing

3. Enclosures and trees on the boundary of two properties are, in case of doubt, considered as co-ownership of both property owners.

4. It is presumed that enclosures of entirely enclosed properties belong to these properties, provided that the adjacent property is not also an enclosure.

5. It is presumed that enclosures which separate properties from streets, public places, forests, and commons belong to the enclosed property.

← Art. 100 EGzZGB - X. Retaining Walls Introductory Act to the Swiss Civil Code (EGzZGB) - Designations Art. 102 EGzZGB - XII. Gutters and Ditches →

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Court Decisions Applying This Provision (3)

PZ 2004 108 · gr (Art. 101 cpv. 2 LICC)
Neighbor Tree Encroachment Enforcement Time-Barred Dismissal Overturned
Cited in relation to the height limitation for hedges, relevant to determining the nature of the infringement.
PZ 2003 111 · gr (Art. 101 Abs. 1 EGzZGB)
Neighbors v. Building Permit Appeal on Boundary Walls and Costs
Used to determine that the planned boundary wall of 1.1 meters does not violate the allowed height for boundary enclosures.
PKG 1996 16 · gr (Art. 101 Abs. 2 EGzZGB)
Hedge Trimming Height Measurement and Imprescriptible Claim
Cited as a special provision for hedges modifying the general rule on pruning height.