ᐅ The post of our driveway gate extends about 10 cm onto the neighboring property.
Created on: 29 Jun 2020 20:33
M
Medvedev
Hello friends,
I’m new here and hope that this is the right forum area for my concern and that you can help me.
We own a two-family house in Cologne, where we live as a family. Our future neighbor has had the neighboring house demolished and is now building new on the property. We have owned our house since 1995. Our house was built in 1984. We have a driveway gate with two masonry pillars.
The architect of our future neighbor verbally informed us today that he intends to build a 1.5 m (5 feet) high wall on our property line. For this purpose, he has already had an existing wooden fence, which belonged to us, removed without our consent. When we addressed this, he said he thought the fence belonged to the client, his principal.
He now also claims that the masonry pillar of our driveway gate (seen from the street on the left) is built about 10 cm (4 inches) onto the property of our future neighbor and must therefore be cut back or removed so that a flush wall can be erected.
The same applies to three wooden posts of our carport, which also protrude about 10 cm (4 inches) onto the neighbor’s property on the side.
Both would have to be dismantled as soon as possible, at our expense, so that construction can continue.
He said he would provide us with his demands in writing, which we would then have to sign accordingly.
Until now, we have always assumed that our gate pillar fully stands within our property boundaries (40 x 40 cm (16 x 16 inches)).
As proof, the architect handed us a copy of a city-approved drawing from Cologne (stamped), which is supposed to show that the pillar and posts protrude onto the neighboring property.
However, the pillar and posts in question are not marked on the site plan.
According to what I found online, a neighbor’s right regarding dismantling or similar claims expires after three years. What do you think about this?
Hopefully, you can give us some expert advice. We are grateful for your help!
Best regards,
Medvedev
I’m new here and hope that this is the right forum area for my concern and that you can help me.
We own a two-family house in Cologne, where we live as a family. Our future neighbor has had the neighboring house demolished and is now building new on the property. We have owned our house since 1995. Our house was built in 1984. We have a driveway gate with two masonry pillars.
The architect of our future neighbor verbally informed us today that he intends to build a 1.5 m (5 feet) high wall on our property line. For this purpose, he has already had an existing wooden fence, which belonged to us, removed without our consent. When we addressed this, he said he thought the fence belonged to the client, his principal.
He now also claims that the masonry pillar of our driveway gate (seen from the street on the left) is built about 10 cm (4 inches) onto the property of our future neighbor and must therefore be cut back or removed so that a flush wall can be erected.
The same applies to three wooden posts of our carport, which also protrude about 10 cm (4 inches) onto the neighbor’s property on the side.
Both would have to be dismantled as soon as possible, at our expense, so that construction can continue.
He said he would provide us with his demands in writing, which we would then have to sign accordingly.
Until now, we have always assumed that our gate pillar fully stands within our property boundaries (40 x 40 cm (16 x 16 inches)).
As proof, the architect handed us a copy of a city-approved drawing from Cologne (stamped), which is supposed to show that the pillar and posts protrude onto the neighboring property.
However, the pillar and posts in question are not marked on the site plan.
According to what I found online, a neighbor’s right regarding dismantling or similar claims expires after three years. What do you think about this?
Hopefully, you can give us some expert advice. We are grateful for your help!
Best regards,
Medvedev
Hello,
During the surveying of our property, the officially appointed surveyor found that the wire mesh fence with stone gabions of our future neighbor is partially built over the boundary line. His fence starts exactly on the defined property line and then extends consistently onto our land, with the end of his fence being approximately 87 cm (34 inches) over the boundary. In total, 2.8 m² (30 sq ft) of our 416 m² (4,476 sq ft) semi-detached property has been encroached upon, with a land value of €320 per m².
My wife and I have decided to leave the fence as it is for the sake of maintaining good neighbor relations and proportionality. It is important to us, however, that the situation is resolved in a way that does not create any right of possession by use (acquisitive prescription), so that the fence could theoretically be removed again at any time.
I have already contacted the new neighbor to inform him about the situation. He was concerned and asked whether compensation for the damage could be discussed.
I would appreciate your opinion on what you consider to be a reasonable approach.
Best regards
During the surveying of our property, the officially appointed surveyor found that the wire mesh fence with stone gabions of our future neighbor is partially built over the boundary line. His fence starts exactly on the defined property line and then extends consistently onto our land, with the end of his fence being approximately 87 cm (34 inches) over the boundary. In total, 2.8 m² (30 sq ft) of our 416 m² (4,476 sq ft) semi-detached property has been encroached upon, with a land value of €320 per m².
My wife and I have decided to leave the fence as it is for the sake of maintaining good neighbor relations and proportionality. It is important to us, however, that the situation is resolved in a way that does not create any right of possession by use (acquisitive prescription), so that the fence could theoretically be removed again at any time.
I have already contacted the new neighbor to inform him about the situation. He was concerned and asked whether compensation for the damage could be discussed.
I would appreciate your opinion on what you consider to be a reasonable approach.
Best regards
So it could probably be sold or leased.
Honestly? I would have a contract drawn up to ensure that the piece of land is handed over cost-neutral until the ownership changes (regardless of which party).
Or do you seriously want to charge a lot of money for a mere 2.8m² (30 square feet)?
Honestly? I would have a contract drawn up to ensure that the piece of land is handed over cost-neutral until the ownership changes (regardless of which party).
Or do you seriously want to charge a lot of money for a mere 2.8m² (30 square feet)?
P
pagoni20203 Oct 2021 21:29I can understand why this frustrates you. Something similar happened to us just a few days ago when the string for the edging was pulled from the boundary stone to the electrical box instead of to the second exposed boundary stone. Luckily, it didn’t run through the living room... what a relief.
Our property is quite large, but especially in the area of the driveway affected, we wanted to make full use of every bit of space; now we’re missing nearly 30cm (12 inches), and the wall runs at an angle until it returns to zero after about 30 meters (33 yards), where the boundary stone is located.
What to do...? It’s hard to even imagine such a mistake, but by then 10 meters (11 yards) had already been set...
After that comes the carport, and towards the end it’s almost back to zero again. I think a few square meters are lost there too.
It’s simply frustrating, but maybe you should let it settle and focus on the upcoming tasks that will require your patience. What you don’t need is a dispute with your neighbor.
From what I gather, it wasn’t intentional, so I would discuss it with them. However, I wouldn’t make any financial demands because of it. Maybe they’ll realize it on their own, and if not, you know to be more careful going forward. They are the ones responsible here, so the initiative should come from them.
It’s definitely annoying, but not important enough to jeopardize a good neighborly relationship.
Our property is quite large, but especially in the area of the driveway affected, we wanted to make full use of every bit of space; now we’re missing nearly 30cm (12 inches), and the wall runs at an angle until it returns to zero after about 30 meters (33 yards), where the boundary stone is located.
What to do...? It’s hard to even imagine such a mistake, but by then 10 meters (11 yards) had already been set...
After that comes the carport, and towards the end it’s almost back to zero again. I think a few square meters are lost there too.
It’s simply frustrating, but maybe you should let it settle and focus on the upcoming tasks that will require your patience. What you don’t need is a dispute with your neighbor.
From what I gather, it wasn’t intentional, so I would discuss it with them. However, I wouldn’t make any financial demands because of it. Maybe they’ll realize it on their own, and if not, you know to be more careful going forward. They are the ones responsible here, so the initiative should come from them.
It’s definitely annoying, but not important enough to jeopardize a good neighborly relationship.
With every property I have purchased, the boundaries were never correct. Usually, to my disadvantage, the neighbors simply claimed some of the land. I’m not one to pick fights, but it is definitely annoying.
I wouldn’t make a big issue over a 10cm (4 inch) overhang, though. But for your neighbor, I’m not optimistic. It’s best to clarify the situation right away to avoid much trouble later on. Put the architect on notice and demand the restoration of your wooden fence.
The gatepost stays where it is. If your neighbor wants, they can apply for a boundary determination at their own expense.
If you don’t take firm action now, they will only get bolder. Be careful. They need to realize that you are not someone to mess with. And always remain polite.
I wouldn’t make a big issue over a 10cm (4 inch) overhang, though. But for your neighbor, I’m not optimistic. It’s best to clarify the situation right away to avoid much trouble later on. Put the architect on notice and demand the restoration of your wooden fence.
The gatepost stays where it is. If your neighbor wants, they can apply for a boundary determination at their own expense.
If you don’t take firm action now, they will only get bolder. Be careful. They need to realize that you are not someone to mess with. And always remain polite.
Hardi88 schrieb:
I would like to know what you think would be appropriate.For this, I recommend this reference: https://www.hausbau-forum.de/threads/grenze-zum-nachbarn-mit-garage-ca-1-2cm-ueberbaut.34233/page-2#post-387379https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Joedreck schrieb:
for a whopping 2.8m2 (30 sq ft)At a time when plots are getting smaller and smaller, 2.8m2 (30 sq ft) gains a certain significance, although this does not mean I want to proceed with a tit-for-tat approach. 🙂
pagoni2020 schrieb:
From what I read, this was probably unintentional, so I would address it with them directly.What happened to you is very frustrating as well. But mistakes happen and to err is human – the best approach is probably to take things lightly, which is what I did against the advice of the construction company regarding the encroachment. The neighbor told me that the boundary stone was accidentally removed during the fence installation, and then the boundary was redefined based on a rough estimate. From what I understood, the neighbor definitely acknowledges their responsibility.
Durran schrieb:
Making a fuss over a 10cm (4 inch) overhang seems unnecessary to me. But I see a tough situation for your neighbor. Clear things up immediately to avoid a lot of trouble later. Put the architect on notice and demand the restoration of your wooden fence. The gatepost stays where it is. If he wants, he can apply for an official boundary survey at his own expense.You replied to the original thread – I added a separate issue. I wasn’t aware that encroachments have become almost standard practice, which puts the matter into perspective, and 2.8m2 (30 sq ft) is probably negligible compared to other encroachments. 🙂
11ant schrieb:
For this, I recommend you check out this thread: https://www.hausbau-forum.de/threads/grenze-zum-nachbarn-mit-garage-ca-1-2cm-ueberbaut.34233/page-2#post-387379Thanks! 🙂 I will read through it.
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