ᐅ Semi-detached house – Troubles with the neighbor

Created on: 15 Apr 2020 15:43
S
Sandrasix
Hello dear members,

I discovered your lovely forum thanks to Google. Unfortunately, as is often the case, a problem has brought me here.

We are building an extension onto an existing semi-detached house in Baden-Württemberg.
We are building on a slab foundation. The friendly neighbor built his half with a basement.
We live 70 kilometers (about 43 miles) away from the construction site.
Therefore, with both of us working and having two children, we cannot be at the site all the time.
Yesterday morning, the workers began setting the formwork for the slab foundation.
When I arrived at the site yesterday, my friendly neighbor was already there waiting for me.
He yelled at me quite loudly and was extremely angry.
He said that the slab foundation towards his side was insulated only with Styrodur (extruded polystyrene).
One of the workers tried to explain that in addition to the Styrodur, a 4 cm (1.6 inch) soundproofing wall would be installed along the house.
Still, he did not calm down.
He just kept yelling. He said he would take pictures and that he would refuse to pay.

We have no intention of demanding any money from him.
I was really shocked!!!

Actually, he should be worried, since he built 3 cm (1.2 inches) of his house’s total length over our property boundary.

What is the legal situation here?
I told my husband about it.
He wanted to see a lawyer right away.
For me, maintaining peace with the neighbor is more important.

Please excuse my spelling mistakes and my lack of knowledge. I have two children and need to keep them happy at the same time.

Thank you,
Sandra
K
kbt09
19 Apr 2020 08:13
Usually, your neighbor will not tell you that they are selling the house because of you. If you are indeed a troublesome neighbor, the buyers might insist on cancelling the deal if your neighbor did not disclose what makes the neighborhood difficult. Generally, people do not sell their house because there are children next door, but rather because the house has become too large, and so on. Sometimes it may also be because neighbors see themselves as the center of the world.
T
tumaa
19 Apr 2020 08:23
kbt09 schrieb:

Usually, your neighbor won’t tell you that they’re selling their house because of you. If you actually were a troublesome neighbor, the buyers might possibly demand a rescission of the sale, because your neighbor might not have disclosed what was bothersome about the neighborhood. Generally, people don’t sell their house because there are children next door, but rather because the house has become too large, etc. Sometimes it might also be because neighbors see themselves as the center of the universe.

I’m not talking about assumptions here, but facts!!!

In my brother’s case, it was directly confirmed by the neighbors (i.e., the property owners) multiple times.
J
Joedreck
19 Apr 2020 08:26
As a father, I simply state that children are always noisy to some extent. Whether it’s the tricycle, ride-on car, playing tag, and so on. This is the typical noise from children, which courts have even recognized as privileged.

Of course, this can bother a neighbor. In that case, they are free to sell and move away.

If my neighbor is a lawn enthusiast and mows it daily during the allowed time, I am also free to sell my house.
kaho67419 Apr 2020 08:26
HilfeHilfe schrieb:

No, they are not, but still provide zero understanding for families with children.

You simply cannot force anyone to like children. By law, you are required to tolerate noise from children, but that doesn’t mean you have to actually enjoy it! I’m honestly shocked how some people here wish others into the wilderness (even though only forest rangers are allowed there, so they might as well have said “the moon”) or get upset when people move away. Honestly, now parents want to force others to put up with their poorly behaved kids. No, no – you brought this on yourselves. You’ll have to deal with the consequences on your own.
T
tumaa
19 Apr 2020 08:31
kaho674 schrieb:

You can't force anyone to like children. Legally, you have to tolerate noise from children, but that doesn't mean you have to enjoy it! I'm really shocked how some people here wish others into the forest (even though only foresters are allowed there, so they might as well have said "the moon") or get upset when someone moves away. Honestly, now parents want to force others to put up with their unruly kids. No, no – you brought this on yourselves. You have to deal with it alone.


I forgot to say a word: yes, it is usually quieter in the countryside.

But you are confusing things here. We are talking about civilized families, not ASBO kids. I wanted children and I stand by that, but it has nothing to do with being overwhelmed if I don’t like the attitude of certain neighbors!!!
K
kbt09
19 Apr 2020 08:35
It’s not about liking to suffer, but about someone being consistent and saying no, I don’t need this anymore (they may have had children at some point) and moving away. And you have to tolerate that just as much as your neighbor tolerates you moving in with children now.

And, you might not believe it, people do get older and, for example, become more sensitive to noise. But around 30-year-olds often can’t imagine that yet.