No Stacheldraht on enclosure

Stacheldraht must away (openPR) - the construction supervision authorities can require the removal of a Stacheldrahtzauns on an enclosure, if thereby playing children can be endangered, report the magazine of EUROPATICKER with reference to a report of the Administrative Court Koblenz.

The plaintiffs, a married couple from Lahn stone, eingefriedet their residential plot with a lamella fence, which reaches up to the common strassenfront. On the lamella fence a prick wire armouring is, before the fence still stands on the property of the plaintiffs a further, about 1.30 m high wood fence for the side of the neighbours. After the city Lahn stone received of it knowledge, it gave up the plaintiffs to remove the Stacheldraht on the lamella fence. Hereby the married couple did not agree. Their complaint remained without success.

The order, so the Administrative Court, is legal. The prick wire armouring on the fence must be eliminated, since it represents a danger for public security. The height of the fence is not to be complained of. However the prick wire armouring can be attained despite a height of 1,80 m to 2.00 m over the ground for children easily. From therefore it a child at the hands, playing on the property of the neighbour, can hurt itself, if it tries to climb on the lamella fence.

The involved ones can place a request for permission of the appointment against this decision with the higher administrative court Rhineland-Palatinate.

(Judgement due to the verbal negotiation from 28 November 2006, 7 K 2595/05.KO)

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