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?
Mottenhausen schrieb:
Even better, according to §1 it only applies: "if both plots are located outside a continuously built-up area." So basically, it is enough if one of the plots is within a settlement area.
The 'Schwengelrecht' (right of access strip) is meant to prevent unusable strips of land several meters wide but kilometers long from occurring between two agricultural plots.
But with today’s technology (GPS), it is possible to approach boundaries with near-centimeter accuracy without crossing them. The wall runs parallel to the field. The farmer doesn’t need to turn around here.
Does this regulation regarding settlement areas also apply in Baden-Württemberg?
haydee schrieb:
Maybe he’s just annoyed because he has to put more effort into turning now In what way exactly – what still hasn’t been harvested? Next year, he’ll keep a 5cm (2 inches) wider gap when sowing *LOL* – anyone who can drive a tractor to within 5cm (2 inches) doesn’t really mind that.
haydee schrieb:
you allow him a few centimeters less right of way on your property It’s the turning radius, not a right of way. We’re talking about that part of the turning circle that is needed for the swing arc of the raised attachment (plow, harrow, etc.), nothing more. Just the unevenness of the field would prevent a tractor from crawling precisely enough on autopilot to clear the swing radius to within half a decimeter. On a field, you couldn’t even do that with an electric forklift that accurately.
4Motion schrieb:
The wall runs parallel to the field. The farmer doesn’t have to turn here. The swing radius is required at the ends of the furrows.
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This is probably the kind of builder you find quite often in our area. Every year, they plow a few centimeters further over the boundary line. I have a plot of land where I had to actually secure the boundary markers. Since then, there are two more or less visible iron rods marking the boundary. If his plow hits those, something is supposed to be damaged. Since then, the distance is carefully monitored.
At 4.5cm (1.8 inches), he should first prove whether he can even measure that accurately.
At 4.5cm (1.8 inches), he should first prove whether he can even measure that accurately.
4Motion schrieb:
Does this regulation regarding the location also apply in Baden Württemberg? I’m afraid not. So far, I have only found the following for BW:
§ 11 Dead Fences(1) A boundary distance of 0.50 m (20 inches) must be maintained for dead fences adjacent to properties used for agricultural purposes. If the dead fence is higher than 1.50 m (5 feet), the distance must be increased accordingly based on the additional height, except for wire fences and barriers.
Thank you all for the active participation in my thread!
There is a new update: By straightening the boundary marker, the difference is now only 3 cm (1 inch)!
I met with the farmer and we measured together.
In a week, the landscaper will join us. I hope we can reach an agreement. I’m feeling optimistic again.
There is a new update: By straightening the boundary marker, the difference is now only 3 cm (1 inch)!
I met with the farmer and we measured together.
In a week, the landscaper will join us. I hope we can reach an agreement. I’m feeling optimistic again.