ᐅ Elevation differences between the property and neighboring land
Created on: 18 Jul 2017 11:03
C
Chriscross
Hello everyone,
after searching the web and not finding any answers, I’m trying here in the forum.
We have built in a new housing development. Now, everyone around us is starting to level or raise their gardens.
We are at -12 cm (about -5 inches) below the finished road level and want to add roughly 20 cm (8 inches) of soil to get slightly above the road level. Our neighbor behind us has their lawn at the same level as us. The catch is that our neighbor to the right is 40 cm (16 inches) above our level.
Now there is a slope leading to their property, and the rainwater runs toward us and others’ properties.
Is this allowed/legal (Lower Saxony)?
Thank you very much.
after searching the web and not finding any answers, I’m trying here in the forum.
We have built in a new housing development. Now, everyone around us is starting to level or raise their gardens.
We are at -12 cm (about -5 inches) below the finished road level and want to add roughly 20 cm (8 inches) of soil to get slightly above the road level. Our neighbor behind us has their lawn at the same level as us. The catch is that our neighbor to the right is 40 cm (16 inches) above our level.
Now there is a slope leading to their property, and the rainwater runs toward us and others’ properties.
Is this allowed/legal (Lower Saxony)?
Thank you very much.
M
meister keks18 Jul 2017 22:16Even for me as a layperson, it should be clear that if my property is at a higher elevation, I need to ensure that this does not cause my neighbor to be "flooded" with rainwater.
You should talk to him about it.
You should talk to him about it.
montessalet19 Jul 2017 06:14As the three previous posts state: This is clearly an issue that your neighbor must resolve. "I don't care" is not acceptable here – even if it might be convenient for them.
Chriscross19 Jul 2017 06:51Thank you for your answers. That all sounds very good. I will print out "§26 Lower Saxony Neighbor Law" and go to him. Let's see what he says. I will keep you updated when I have the opportunity.
Chriscross schrieb:
... I’m going to print out "§26 Lower Saxony Neighbor Law" and take it to him. Let’s see what he says...Presumably, for example, the ‘earthworks’ mentioned there don’t actually apply to the complained-about ‘stormwater discharges’ here, and he’ll just wish you a nice day / a good life...
[emoji6]
However, the local development plan (zoning plan) usually states that water must not be discharged onto neighboring properties – which doesn’t give you a personal legal right against the neighbor, but could serve as a basis for the authorities.