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:
By straightening the boundary marker What kind of boundary marker is that? Please show a picture.
Who straightened it?
Who says it’s in the correct position?
4Motion schrieb:
The landscaper will come next week. What did they base their work on?
4Motion schrieb:
I hope we can reach an agreement. If you have already agreed on 3cm (1.2 inches), there is no need for further agreement. Next week, fire up the grill for the appointment, have a beer, and play a round of cards. Everything else is a waste of time.
You can, of course, hire a surveyor. The fees for cadastral documents alone will cost as much as 10m² (108 sq ft) of farmland. A boundary notice costs another 60m² (646 sq ft), boundary restoration another 60m² (646 sq ft). Then the lawyer adds 100m² (1,076 sq ft), mediation 80m² (861 sq ft),… and everyone loses three years of their life… except the surveyor and lawyer, who benefit.