ᐅ L-shaped concrete blocks placed directly next to the neighbor’s fence?

Created on: 27 Jul 2017 22:06
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Henrik0817123
Hello!

We have a plot of land where the neighbors on both sides have already completed their houses, including fences and so on. Since our plot slopes downward and the house will be built slightly elevated, the terrace will be significantly higher than the existing ground level. From a design perspective, it would be best to raise the area overall and support it with L-shaped retaining walls.

Is it allowed to place these retaining walls directly next to the neighbor’s fence on our property, or what regulations apply here? We are located in North Rhine-Westphalia (NRW), and I understand that rules can vary from one federal state to another.

One of the neighbors might be difficult, so before discussing our plans with them, I would like to know what is permitted.

For example, would we have to pay for the neighbor’s fence to be altered or replaced, or can we simply build the retaining walls as described right up to the fence?

Thanks in advance!
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Bieber0815
28 Jul 2017 11:07
Henrik0817123 schrieb:
If a plot slopes downward toward the neighbor, it is clear that their land ends higher than the adjacent lower neighbor’s land.

As far as I understand your posts, you are planning a step about 1 meter (3 feet) high at the property boundary. That would not be considerate toward the neighbor and, according to all regulations I know, would not be permitted (though this may vary depending on your location).
Henrik0817123 schrieb:
It can’t be that hard to understand, and with the attached sketch, everyone should have understood it.

With all due respect: I don’t think you can simply explain your plan adequately with words alone, hence the request (suggestion) for a sketch.

Of course, a cross-sectional drawing is appropriate, not a top view. In the section (possibly multiple sections in different directions are needed), the original terrain profile should be shown along with the current actual situation if it differs, and of course the intended final condition you are aiming for.

If you have such an illustration, it would be a good basis for everything further.
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ypg
28 Jul 2017 11:30
You always turn it around as if we don’t understand the situation here.
But you don’t realize that the state’s building code and zoning plan set requirements that we cannot fully assess here because a) we don’t have the zoning plan, and b) even if we did, it is not our role to analyze or evaluate these aspects in terms of possibilities or restrictions.

Usually, a community works by helping the questioner remove obstacles so they can look up the formal regulations themselves. Your building permit / planning permission might even specify how or if the height difference must be compensated.

In principle, a fence is not the main issue here.

In about 99% of cases (or slightly less), it is prohibited to create a raised area up to the neighbor’s property line. Often, slopes must be constructed at an angle of less than 30 degrees or so.

Your problem is the large height difference combined with the challenge of creating a straight, even surface. Such issues arise when, among other things, building too high. Since the house is already built, compromises are necessary, but these compromises have to be made by you, not your neighbors. Whoever moves soil has to figure out how to manage it.

Suggested solution: three steps of 50cm (20 inches) each over 3 meters (10 feet) at the end of the property. Plant a hedge on the lowest strip at the border. Plant low shrubs or create a nice path along the next one-meter (3 feet) strip. At the terrace, build one step down to the lawn for the remaining centimeters.

Personally, I would only create one 50cm (20 inch) step and let the rest slope gently.
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Henrik0817123
28 Jul 2017 11:39
I don’t want to and don’t have to go 1 meter (3 feet) higher at the fence; that would be quite unreasonable for everyone involved.

When I go out onto the terrace, I am 1 meter (3 feet) above the property line at the fence. From the start of the terrace, I have 10 meters (33 feet). Since, as far as I know, everything is made to slope down by 2% and still looks level, I theoretically still have 80 centimeters (31 inches) at the fence. Either way, I plan to go down from the terrace to a lower level, so you could easily bridge 45 centimeters (18 inches) in three steps there. That leaves 35 centimeters (14 inches) to be bridged over about 6 meters (20 feet). Ideally, I wouldn’t want that to extend all the way to the fence, and I plan to use retaining wall blocks (which I’m allowed to do without issue, unlike 99% of cases where it’s not permitted) because that height is still quite high, wouldn’t look good to the neighbor, and so on.

I want to have about a 70 centimeter (28 inch) strip along the fence for planting a hedge or other plants. This strip could already be at the same level as the neighbor’s side, which would be fine for them as well. This means that in front of this strip, there would be a 45 centimeter (18 inch) ledge formed either by a retaining structure or a slope.

I just don’t want to lose too much usable space. The 10 meters (33 feet) between the house and the property boundary consist of 4 meters (13 feet) of terrace, then 6 meters (20 feet). The last meter (3 feet) is reserved for the hedge or similar planting, so that leaves only about 5 meters (16 feet) of lawn area, which should ideally remain level. A hard ledge could be costly, and I’m not sure if the 45 centimeters (18 inches) height difference can be managed with a slope on that last meter (3 feet), and if the hedge could be planted on a slight incline in that area.

I find it a bit strange to imagine the lawn ending 1 meter (3 feet) before the boundary and then sloping down either steeply or gradually—that would essentially create a ditch. But somehow I’m sure it can be arranged so that once the hedge grows, the height difference won’t be so noticeable.

I can also create a cross-sectional drawing if needed.
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HilfeHilfe
28 Jul 2017 12:48
Henrik0817123 schrieb:
I don’t want or need the fence to be 1 meter (3.3 feet) higher.

I just find it a bit strange if our lawn ends exactly 1 meter (3.3 feet) before the property line and then slopes down, creating basically a ditch. But somehow it can probably be managed so that after a hedge or something grows, the difference in height might not be so noticeable anymore?

I can also make a cross-sectional drawing.

What you described last is also strange and reflects the situation with our neighbors. It looks really awkward and impractical. There’s just overgrowth everywhere that no one really wants or can remove.

Why did it end up like this? Because the neighbors don’t get along and everyone only did what was strictly allowed.

For example, I made a compromise with my neighbor—he has his fence, I have my wall—and now there’s no slope between us. He went over the permitted 2 meters (6.6 feet), and I’m higher than the allowed 1 meter (3.3 feet) without any official approval.

So, maybe just talk to your neighbors? What’s the point of digging through legal clauses if you already know it won’t help and won’t look good anyway?

You are the main issue here; you’re trying to build a legal shield against every possible scenario. My sympathies to the neighbor.
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Henrik0817123
28 Jul 2017 12:57
I don’t understand this! I’ve already said several times that I will talk to the neighbor, but I still need a rough plan now since the earthworks have started. How much soil should be removed, how can it be roughly moved, and so on.

Why am I the problem just because my property is higher or slopes downward? Is it generally expected that my lawn should be sloped? I don’t think so.

Somehow we are talking past each other, or the property situation here is hard to understand.

Others have a 1 meter (3.3 feet) difference and find a solution, but we are now talking about 45cm (18 inches). There must be a reasonable solution.

I don’t want to build a wall along his fence, not least because that would be quite expensive for about 50m (55 yards) in total.

As shown in the sketch, we also have 3 neighbors in this area – it will be difficult to make everyone happy at the same time, including us.
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Bau-Schmidt
28 Jul 2017 13:30
HilfeHilfe schrieb:
So, just talk to your neighbors? What’s the point of digging through legal paragraphs if you already know it won’t help and achieves nothing.
I always talk to my neighbors first. What good does a “petty dispute over the garden fence” do?