ᐅ 4.5 cm less than the required setback distance – garden wall
Created on: 14 Oct 2019 21:25
4
4Motion
Hello everyone,
A landscaper built a wall for us. According to the so-called "swing right," the wall must be built with a 50 cm (20 inches) distance from the property line if it borders agricultural land. The landscaper should actually have known this. I also mentioned it to him several times during the discussions. Unfortunately, he didn’t take it seriously. On one side, the distance is now about 55 cm (22 inches), and on the other side only 45 cm (18 inches).
I didn't expect him to mismeasure by that much, nor did I expect the builder to object to a 5 cm (2 inch) difference. Both happened. The wall has already been paid for as the first installment of further work. One more installment is still outstanding.
The landscaper is basically a reasonable person to talk to. However, he says he won’t change anything for a 5 cm (2 inch) difference because the property markers are inaccurate anyway. The builder is rather unwilling to negotiate or mediate.
1. How could this situation theoretically proceed? That is, regardless of what is reasonable, what options exist?
2. And now: What would you do?
A landscaper built a wall for us. According to the so-called "swing right," the wall must be built with a 50 cm (20 inches) distance from the property line if it borders agricultural land. The landscaper should actually have known this. I also mentioned it to him several times during the discussions. Unfortunately, he didn’t take it seriously. On one side, the distance is now about 55 cm (22 inches), and on the other side only 45 cm (18 inches).
I didn't expect him to mismeasure by that much, nor did I expect the builder to object to a 5 cm (2 inch) difference. Both happened. The wall has already been paid for as the first installment of further work. One more installment is still outstanding.
The landscaper is basically a reasonable person to talk to. However, he says he won’t change anything for a 5 cm (2 inch) difference because the property markers are inaccurate anyway. The builder is rather unwilling to negotiate or mediate.
1. How could this situation theoretically proceed? That is, regardless of what is reasonable, what options exist?
2. And now: What would you do?
4Motion schrieb:
With a length of 20 meters (65.6 feet), the builder loses 0.5 square meters (5.4 square feet). I hardly believe he will accept €2.50. Exactly. And the calculation shows how ridiculous it is to make a fuss over 5cm (2 inches). Even if you offered him ten times the land value for an area that already belongs to you, he could only buy himself a case of beer with it. So offer him €20 to €50 as an apology, and if he doesn’t want to talk, just sit back and wait to see what he does. There are cases where 5cm (2 inches) make a difference—for example, with a garage courtyard, where a neighbor’s encroachment on the property line means the prefabricated garage no longer fits in the space. But regarding a right of access? No one will seriously pursue a legal case over that.
4Motion schrieb:
There are boundary markers in the ground. Made of wood? That doesn’t sound like the boundary line is known to the centimeter. Anything under 6cm (2.4 inches) generally falls within the margin of error in the land register. And what damage does the farmer actually want to claim? The right of access is a concession to the farmers. Technically, he has no business on your property. It’s just a safety zone to allow unobstructed farming of the field.
seat88 schrieb:
Your property, your wall... Five centimeters more or less, the builder can get lost.Well, the original poster actually violated the neighborhood law. The builder can take legal action against that. Either you follow the legal requirements or you don’t.seat88 schrieb:
Just wait and see what happens....In my opinion, that is the correct, pragmatic approach. First, let tempers cool down.I would wait.
He might just be upset because he now has to put in more effort when turning around.
In my opinion, building a new wall is not proportional. You did not build on his property; you are just granting him a few centimeters (inches) less right of way on your land.
He might just be upset because he now has to put in more effort when turning around.
In my opinion, building a new wall is not proportional. You did not build on his property; you are just granting him a few centimeters (inches) less right of way on your land.
M
Mottenhausen15 Oct 2019 12:48kaho674 schrieb:
I would first check whether the “Schwengelrecht” still applies. Here in Saxony, it is as follows:Even more precisely, according to §1 it only applies: “if both properties are located outside a continuously built-up area.” So basically, it is sufficient if one of the properties is within a built-up area.
The Schwengelrecht is intended in agriculture to prevent the creation of unusable buffer strips between two agricultural properties that are meters wide but kilometers long.
However, with today’s technology (GPS), it is possible to approach boundaries with almost centimeter accuracy without crossing them.
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