ᐅ Height difference at the property boundary – Neighbor has built up the ground twice

Created on: 25 Mar 2018 00:46
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Eldea
We have not moved in yet and have already had the first discussions with the neighbors.

The issue concerns the difference in ground levels at our property boundary. At the moment, there is quite a gap between us. Our neighbor has raised their ground twice, while on our side the topsoil was removed once and later several more layers were taken off, and a strip foundation was installed along the boundary for our prefabricated garage.

Some time ago, we already mentioned that something needs to be done about the height difference, especially since our neighbors raised their ground and we plan to return to street level after raising and paving our area.

Today the topic came up again, and we were told that they will lower their ground by half a meter and that we would have to cover the entire cost of the supports, as we supposedly removed so much soil. €20,000 would be too much money for them (which I can understand). But actually, we only excavated for the strip foundation, and later we want the garage to be at street level. Therefore, we believe that if anything is done and they lower their ground, the costs should be split 50/50.

I should add that they claim they did not raise their ground and that the difference occurred because of our excavation. For this reason, they don’t want to pay anything and apparently cannot afford it at the moment.

We suggested that we might be able to avoid using L-shaped retaining walls if the garage can handle it. However, the height difference must not be too large. We still need to inquire about how much difference is acceptable. They want to ensure that trucks can still access their property for various works (garden design, pool construction, etc.) and that the ground level remains high enough so that their slab foundation stays covered (the slab foundation part is understandable). I believe they also want to park their motorhome there in the future.

Do you have any advice on what options are available here?

I think our general contractor can measure again with us and explain the final levels we will reach. I believe the state of Hesse says if you stay close to the natural ground level, then both parties must share the costs.

If necessary, everything except our garage and driveway must be gradually leveled over time, but even then I think this should be a shared responsibility.

What I find critical and want to question further is the slope that the property has towards the back. I will upload a plan soon.

Ideally, I would like a solution that satisfies both parties, but I am not willing to cover the full costs alone. Maybe I am misjudging the situation, so it would be helpful if someone familiar with this topic could weigh in.
Detail plan of a building plot with brown shaded building zone, tree and dimension lines.

Technical construction plan of a prefabricated garage: foundation, roof, windows, dimensions.

Northeast view of a house as an architectural drawing with roof, windows and doors
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Eldea
25 Mar 2018 12:28
I don’t know if he applied for a parking space there, because technically there is no access through the parking lots. It seems the plan is to drive around the corner in front of the house.

If our general contractor installed the floor too low, we would want it corrected, otherwise all the water from the street will flow into the garage since we would be significantly lower.
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Eldea
25 Mar 2018 12:30
tomtom79 schrieb:
The baskets from the foundation are still sticking out, that’s misleading at first glance
The structures have now been concreted and are fully exposed above ground. I will post updated pictures later.
blackm8825 Mar 2018 13:55
In our development plan, it is regulated that the party situated at the higher elevation must secure the terrain. We use the ground floor elevations of the single-family houses as a reference in the plans. Our neighbor to the north is at the same level, the one to the west is higher, and the one to the south is lower. The western neighbor has stabilized their slope, and we have done so for the southern property. To the north, we have a carport, where our neighbor contributed to the retaining wall.
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Eldea
25 Mar 2018 18:40
Here are some pictures from today. At knee height, a grid is visible; we are considering whether this was the level during the construction of the concrete slab.
House under construction with scaffolding and solar panel roof, soil and grass areas in the foreground.

Grass strip to the left of the fence, soil and ground area on the right with rows of trees in the background.

Man seen from behind wearing a dark jacket in front of the excavation pit with concrete foundation and soil.

Person standing at a deep excavation; a concrete slab lies at the edge.

Excavation pit with concrete foundation, gravel, and soil mounds; houses in the background.
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Nordlys
25 Mar 2018 19:01
Well, if he hasn’t filled it in, I’ll eat my hat. You just absolutely need to get back to the original level, then he will have to cover the cost of the containment alone.
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Caspar2020
25 Mar 2018 19:02
So the first and now the last pictures suggest that you have gone down 30cm (12 inches) and it has also gone up 30cm (12 inches) at the same time...