ᐅ Neighbor’s concrete posts on our property

Created on: 8 Jul 2020 17:32
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M4rvin
Hi everyone,
I just got home and I am shocked...
The neighbors had to retain about 60cm (24 inches) in height and now they have installed curbstones right on the property line.
Strangely, the entire concrete retaining wall is actually on our property!

Oh, and our green manure cover crop has been completely trampled, and our small garden bed has been concreted over.

What can I do?

Small girl looking at a construction site with concrete block, wooden formwork, and reinforcement at the foundation


Long concrete edge separating excavation pit (left) from lawn area (right), construction equipment visible.
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danixf
8 Jul 2020 19:42
M4rvin schrieb:

Yes, that is our final height. Our garden will then be fairly level, and then it drops by 1 meter (3 feet) down to our house/terrace.
Drops? How should I picture that? How does the water runoff behave when it rains heavily?
M4rvin8 Jul 2020 19:49
That’s right, that would be about 10 sqm (108 sq ft), so around 5,000–6,000€!

Here are my basic Paint skills to show the rough cross-section! (at least how it is planned, the terrace and my wall are not finished yet)
Not much happens during heavy rain; I’ve milled everything and planted cover crops to make the clay soil permeable.

Sketch of a floor plan: house on the left, terrace, garden, natural stone wall on the ground.
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Escroda
8 Jul 2020 19:59
M4rvin schrieb:

Strangely, the entire concrete retaining wall is on our property!
You don’t get spared anything either.
M4rvin schrieb:

What rights do I have as the affected party?
Building Code § 862 Claim due to interference with possession
(1) If the possessor is disturbed in their possession by unlawful self-help, they may demand the removal of the disturbance from the person causing it. If further disturbances are to be expected, the possessor may sue for injunction.
M4rvin schrieb:

Am I allowed to remove the concrete from my property?
§ 859 Self-help by the possessor
(1) The possessor may defend themselves against unlawful self-help by force...
(3) If the possessor of a property is dispossessed by unlawful self-help, they may immediately reclaim possession by removing the trespasser.

Or, as Andrea Nahles would say: Then there’s going to be a fight!
M4rvin schrieb:

But as I said before, will they really take down a whole day’s worth of work again?
They probably will have to if you insist—and you definitely should.
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guckuck2
8 Jul 2020 21:45
M4rvin schrieb:

That's right, that would be about 10 square meters (108 square feet), so 5,000–6,000 euros!

Plus subdivision, notary, and land transfer tax

But anyway, I'm curious to see how things develop.
M4rvin8 Jul 2020 22:10
True, but then it would be sold unofficially!
How does it usually work when bushes or trees lift and damage the concrete foundation? Just asking in general. You can plant up to 2 m (6.5 ft) tall at a distance of 0.5 m (20 inches), and over 2 m (6.5 ft) tall at 2 m (6.5 ft) distance, but I never see anything about the root systems...
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User0815
8 Jul 2020 22:16
Plots of land cannot be sold informally. The sale must be notarized and registered in the land register, according to §§ 925, 873 of the Building Code.