Hello everyone, about three weeks ago we distributed notices in the neighborhood informing that the street in front of our property would be fully closed for construction work. We did not mention that the crane would be responsible for the closure, only that the street would be closed. The crane has been on the street since yesterday. So far, no loads have been moved using it.
Today, we received a call from a neighbor stating that this was not properly announced and that they do not allow the crane to swing over their property. The crane rotates in the wind (which it must), and naturally moves over all the houses. This is a very densely built and compact residential area. (For context: the street must be completely closed for the crane to operate.)
To build here, the crane inevitably has to swing over one or another property. However, loads will definitely not be moved over that neighbor’s property.
According to Google and court rulings, this could potentially cause problems for us legally. We are uncertain, as the crane will remain on site for some time and will continue to move in the wind. We have allowed neighbors’ cars to park on our property before the work started. We also permitted scaffolding for a neighbor to plaster their wall; we would never have decided otherwise and never expected to receive such a response.
I will, of course, speak with the construction company on Monday, but maybe someone here has an idea or has experienced a similar situation.
Today, we received a call from a neighbor stating that this was not properly announced and that they do not allow the crane to swing over their property. The crane rotates in the wind (which it must), and naturally moves over all the houses. This is a very densely built and compact residential area. (For context: the street must be completely closed for the crane to operate.)
To build here, the crane inevitably has to swing over one or another property. However, loads will definitely not be moved over that neighbor’s property.
According to Google and court rulings, this could potentially cause problems for us legally. We are uncertain, as the crane will remain on site for some time and will continue to move in the wind. We have allowed neighbors’ cars to park on our property before the work started. We also permitted scaffolding for a neighbor to plaster their wall; we would never have decided otherwise and never expected to receive such a response.
I will, of course, speak with the construction company on Monday, but maybe someone here has an idea or has experienced a similar situation.
Ugh, I really can’t stand people like that.
He probably saw the crane, googled just like you did, and then thought, “Oh! Ha! They should have asked me first! Haha! I’ll ruin their plans now!” … If you have neighbors like that, you don’t need enemies.
Anyway – did he mention any reason why he doesn’t want it, or was it just nitpicking?
If there’s no valid reason why you shouldn’t (or even could) swing over without load, I’d suggest the following:
Approach the neighbor with the friendliest, most sincere smile you can manage. Ask for permission, ideally with a witness along (troublemakers are often less confrontational when they’re outnumbered).
If he refuses again, I’d discuss it with the construction company, explaining that he’s not allowing it. If there’s no other option than using the crane that way, then personally, I’d just do it anyway. Let him sue. Always stay politely friendly in court. Apologize. Say you didn’t know better. Explain the situation – there was no other way. Look up the ladder and hammer law for your state or region again. If he still wins, just pay the fine.
I can’t think of a better solution.
Warning: This is just my personal opinion and not legal advice. I’m not qualified for that. =)
He probably saw the crane, googled just like you did, and then thought, “Oh! Ha! They should have asked me first! Haha! I’ll ruin their plans now!” … If you have neighbors like that, you don’t need enemies.
Anyway – did he mention any reason why he doesn’t want it, or was it just nitpicking?
If there’s no valid reason why you shouldn’t (or even could) swing over without load, I’d suggest the following:
Approach the neighbor with the friendliest, most sincere smile you can manage. Ask for permission, ideally with a witness along (troublemakers are often less confrontational when they’re outnumbered).
If he refuses again, I’d discuss it with the construction company, explaining that he’s not allowing it. If there’s no other option than using the crane that way, then personally, I’d just do it anyway. Let him sue. Always stay politely friendly in court. Apologize. Say you didn’t know better. Explain the situation – there was no other way. Look up the ladder and hammer law for your state or region again. If he still wins, just pay the fine.
I can’t think of a better solution.
Warning: This is just my personal opinion and not legal advice. I’m not qualified for that. =)
The reason is the concern about the crane swinging over the property.
We will try to initiate the conversation again. It’s worth a try.
I don’t know how construction is supposed to proceed on this or any other lot in the area; I will have to look into the so-called "hammer and ladder" law again. If there is any other way, I am the last one to do it at the expense of others. I hope there are special exceptions for situations like this. We are worried about how far this could go and whether a construction stop might be imposed until the matter is resolved.
We will try to initiate the conversation again. It’s worth a try.
I don’t know how construction is supposed to proceed on this or any other lot in the area; I will have to look into the so-called "hammer and ladder" law again. If there is any other way, I am the last one to do it at the expense of others. I hope there are special exceptions for situations like this. We are worried about how far this could go and whether a construction stop might be imposed until the matter is resolved.
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xMisterDx15 Jul 2023 21:00kati1337 schrieb:
(...)
Warning: This is just my personal opinion and not legal advice. I am not qualified for that. =) That didn’t really need to be pointed out again after the advice.
If the neighbor is really that strict, they’ll call the police as soon as you make your first crane lift, and the police will shut everything down until the issue is resolved.
Or do you only need to make one lift?
If you have to lift loads, how are you going to get the load to your site without it passing over their property?
It’s like illegal parking—because it’s more economical for the contractor and they factor in the fine. The car gets towed immediately; the towing company doesn’t wait for you to unload your vehicle.
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xMisterDx15 Jul 2023 21:06The 3 weeks were probably already pushing the limit; it should have been 4 weeks.
And you definitely should have informed that crane work was taking place and that it would swing over the property.
If the work can really only be done that way, then generally the "right to do necessary work" applies.
But for that, you need to inform the neighbors honestly and in good time.
And you definitely should have informed that crane work was taking place and that it would swing over the property.
If the work can really only be done that way, then generally the "right to do necessary work" applies.
But for that, you need to inform the neighbors honestly and in good time.
C
Costruttrice15 Jul 2023 21:10If the work cannot be carried out without using a crane, or if doing so would involve significant additional effort, the neighbor is required to tolerate it. This is regulated under the right of hammering and ladder access. However, you must notify the neighbor in writing well in advance. The exact notice period—whether it is 2 weeks or 2 months—depends on your federal state’s neighbor law. As mentioned, this falls under the right of hammering and ladder access. Although a crane is not explicitly mentioned in our regulations, it is considered part of this right.
We also have a neighbor who is difficult by principle. So, I’m practically familiar with neighbor law by now…
We also have a neighbor who is difficult by principle. So, I’m practically familiar with neighbor law by now…