ᐅ Semi-detached house – Troubles with the neighbor

Created on: 15 Apr 2020 15:43
S
Sandrasix
Hello dear members,

I discovered your lovely forum thanks to Google. Unfortunately, as is often the case, a problem has brought me here.

We are building an extension onto an existing semi-detached house in Baden-Württemberg.
We are building on a slab foundation. The friendly neighbor built his half with a basement.
We live 70 kilometers (about 43 miles) away from the construction site.
Therefore, with both of us working and having two children, we cannot be at the site all the time.
Yesterday morning, the workers began setting the formwork for the slab foundation.
When I arrived at the site yesterday, my friendly neighbor was already there waiting for me.
He yelled at me quite loudly and was extremely angry.
He said that the slab foundation towards his side was insulated only with Styrodur (extruded polystyrene).
One of the workers tried to explain that in addition to the Styrodur, a 4 cm (1.6 inch) soundproofing wall would be installed along the house.
Still, he did not calm down.
He just kept yelling. He said he would take pictures and that he would refuse to pay.

We have no intention of demanding any money from him.
I was really shocked!!!

Actually, he should be worried, since he built 3 cm (1.2 inches) of his house’s total length over our property boundary.

What is the legal situation here?
I told my husband about it.
He wanted to see a lawyer right away.
For me, maintaining peace with the neighbor is more important.

Please excuse my spelling mistakes and my lack of knowledge. I have two children and need to keep them happy at the same time.

Thank you,
Sandra
S
Sandrasix
4 May 2020 18:32
Hello
There is news again.
Our neighbor is selling.
When we were at the construction site today, we met the new potential buyers.
I don’t think they know that he built beyond the approved building area.
This does not concern us, as we will not make any claims against the future neighbors either.
My husband only mentioned on the highway that he finds it unfair on the current neighbor’s part.
Never ending story.....
H
HilfeHilfe
5 May 2020 06:32
Sandrasix schrieb:

Hello,
There is news again.
Our neighbor is selling.
When we were at the construction site today, we met the potential new buyers.
I don’t think they know that he has built beyond the permitted area.
That doesn’t concern us either, as we won’t make any demands on the future neighbors.
My husband just mentioned on the highway that he doesn’t think it’s fair from the current neighbor.
Never ending story…

What exactly does he find unfair? That the neighbor is selling or that he has overbuilt?

There are two options:
a) talk to him and he doesn’t sell
b) don’t talk to him, he sells, and you live with it
kaho6745 May 2020 07:25
Sandrasix schrieb:


Our neighbor is selling.
Well, that’s not the worst news. The new neighbors can hardly be any worse, and you can always get lucky, right?
P
Pinkiponk
5 May 2020 09:08
Sandrasix schrieb:

Our neighbor is selling.
I'm sorry to hear that about your neighbor. I'm sure he and his family were already looking forward to their new home. Hopefully, he won't face significant financial losses.

For you, this is a new opportunity to have neighbors with whom things might be less troublesome. I’m keeping my fingers crossed that you get really nice people you get along well with, leading to a pleasant neighborhood… no hotheads.
11ant5 May 2020 12:28
Sandrasix schrieb:

There is news again.
Our neighbor is selling.
When we were at the construction site today, we met the new potential buyers.
I don’t think they know he has built beyond the property line.

But they should know that he is aware of it.
Sandrasix schrieb:

Which doesn’t concern us either since we won’t make any claims against the future neighbors.

If I were you, I would have them pay the notary fees for the contract where you waive the building encroachment rights for 99 years. This way, future owners won’t get the idea that the encroached part of your property belongs to the neighbor.
Sandrasix schrieb:

My husband just mentioned on the highway that he thinks it’s unfair on the current neighbor’s part.

Highway? – what might have been there before the autocorrect changed it?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
A
Alessandro
5 May 2020 12:58
I would definitely mention this before customary law eventually applies.