ᐅ Neighbor’s concrete posts on our property

Created on: 8 Jul 2020 17:32
M
M4rvin
Hi everyone,
I just got home and I am shocked...
The neighbors had to retain about 60cm (24 inches) in height and now they have installed curbstones right on the property line.
Strangely, the entire concrete retaining wall is actually on our property!

Oh, and our green manure cover crop has been completely trampled, and our small garden bed has been concreted over.

What can I do?

Small girl looking at a construction site with concrete block, wooden formwork, and reinforcement at the foundation


Long concrete edge separating excavation pit (left) from lawn area (right), construction equipment visible.
Nida35a8 Jul 2020 22:24
@M4rvin
Hello, take some time to think about water.
Based on your description of clay soil,
in your sketch, your terrace is the lowest point, and the neighbor hardly has any infiltration area.
In our neighborhood, after heavy rain, the basement filled with 1 meter (3.3 feet) of mud. Make sure the water flows away from your house.
Have the neighbor reduce their soil levels.
Regards, Nida
D
danixf
8 Jul 2020 23:00
I share these concerns as well. It can certainly look nice when arranged aesthetically, but having the terrace located below the garden, combined with various sealed surfaces in the surrounding area, can quickly lead to problems. Especially considering the current weather conditions.
M4rvin8 Jul 2020 23:35
We plan to install a drainage channel between the natural stone wall and the top edge of the terrace. I hope that will be sufficient!
M4rvin9 Jul 2020 07:17
So, I just spoke with the landscaping contractor; they will probably remove it! He is going to talk to the neighbor first!
J
Joedreck
9 Jul 2020 08:03
Escroda schrieb:

You won’t be spared from anything either.

Building Code § 862 Claim for Disturbance of Possession
(1) If the possessor is disturbed in possession by unauthorized interference, they can demand the removal of the disturbance from the offender. If further disturbances are to be expected, the possessor may sue for injunction.

§ 859 Self-Help of the Possessor
(1) The possessor may defend themselves against unauthorized interference with force...
(3) If the possessor of a property is dispossessed by unauthorized interference, they may immediately regain possession by removing the offender.

Or as Andrea Nahles would say: Then there’s going to be a punch in the face!

They probably will have to if you insist, and you definitely should.


That misses the point. Because the key term is “immediately.” But immediately has passed. Now it’s time to take legal action.
G
guckuck2
9 Jul 2020 08:08
M4rvin schrieb:

So, just finished talking with the landscape gardener, they will probably remove it! He’s going to talk to the neighbor first!

Yes, now he wants to find out who messed up and who has to pay.
And the extra costs for the L-shaped retaining walls will be added on top.