Hello everyone,
I have a question regarding the preliminary work on the plot of land.
We bought a plot that was previously leased to a farmer. With the purchase, the lease ended, but he has already sown wheat on it.
Should we mow it down so that we don’t end up with wheat growing in the garden for the next few years, or is that not really an issue since the topsoil will soon be moved aside anyway, which will destroy most of the wheat?
Furthermore, we are building in a vacant lot, with houses on both sides, a street in front, and fields behind.
The neighbors’ hedges on our property have obviously never been trimmed back.
Are we allowed to cut the overhanging branches ourselves, or does the neighbor have to do it?
We don’t want to cause any bad feelings by demanding this, so we would be willing to do it ourselves if that is acceptable.
And one more question regarding land grading, although this might not belong in this section.
Does anyone know to what extent you are allowed to add soil to a property without causing problems?
I assume this is often vaguely regulated, or is there a clear legal guideline?
The ground slopes about 1.5 meters (5 feet) over approximately 27 meters (89 feet) towards the street.
We would like to create either a steep slope or a retaining wall to make the area in front of the house almost level. That’s why I’m asking the question above. We will need to add soil anyway since we want the house to be above street level because of water concerns.
Thank you very much in advance.
P.S.:
If anyone in the Hof/Oberfranken area has excess excavated soil, we need about 200 cubic meters (260 cubic yards).
I have a question regarding the preliminary work on the plot of land.
We bought a plot that was previously leased to a farmer. With the purchase, the lease ended, but he has already sown wheat on it.
Should we mow it down so that we don’t end up with wheat growing in the garden for the next few years, or is that not really an issue since the topsoil will soon be moved aside anyway, which will destroy most of the wheat?
Furthermore, we are building in a vacant lot, with houses on both sides, a street in front, and fields behind.
The neighbors’ hedges on our property have obviously never been trimmed back.
Are we allowed to cut the overhanging branches ourselves, or does the neighbor have to do it?
We don’t want to cause any bad feelings by demanding this, so we would be willing to do it ourselves if that is acceptable.
And one more question regarding land grading, although this might not belong in this section.
Does anyone know to what extent you are allowed to add soil to a property without causing problems?
I assume this is often vaguely regulated, or is there a clear legal guideline?
The ground slopes about 1.5 meters (5 feet) over approximately 27 meters (89 feet) towards the street.
We would like to create either a steep slope or a retaining wall to make the area in front of the house almost level. That’s why I’m asking the question above. We will need to add soil anyway since we want the house to be above street level because of water concerns.
Thank you very much in advance.
P.S.:
If anyone in the Hof/Oberfranken area has excess excavated soil, we need about 200 cubic meters (260 cubic yards).
Hello, Gerd!
The key question is which planning basis applies. If there is a zoning plan / development plan, it may include provisions or a framework specifying what changes can be made without explicit approval. More extensive changes are possible but must be explicitly applied for/approved. You especially need to be careful with local embankments or fill because these can be considered independent structures and may trigger easements or building encumbrances.
Your architect can answer all these questions and explain the different options.
Best regards,
Dirk Grafe
jfkgerd schrieb:
Hello everyone,
And then I have a question about land grading, although this probably doesn’t belong in this category.
Does anyone know to what extent you can raise the ground on a plot without causing problems?
I think this is always somewhat vaguely defined, or is there a clear legal guideline on this?
The key question is which planning basis applies. If there is a zoning plan / development plan, it may include provisions or a framework specifying what changes can be made without explicit approval. More extensive changes are possible but must be explicitly applied for/approved. You especially need to be careful with local embankments or fill because these can be considered independent structures and may trigger easements or building encumbrances.
Your architect can answer all these questions and explain the different options.
Best regards,
Dirk Grafe
jfkgerd schrieb:
Hello everyone,
I have a question regarding preliminary work on the plot of land.
We bought a plot that was previously leased to a farmer.
With the purchase, the lease ended, but he has already sown wheat on it.
Should we mow it down to avoid having wheat growing in the garden for the next few years, or is that not really a problem since the topsoil will soon be moved aside anyway, destroying most of the wheat?
Furthermore, we are building in a gap between houses, with houses on the left and right, a street in front, and fields behind.
The neighbors’ hedges on our property have obviously never been trimmed back.
Are we allowed to simply cut the overhanging branches, or does the neighbor have to do it?
We don’t want to make a bad impression by telling them what they have to do, so if it’s okay, we would trim it ourselves.
I can’t comment on the strictly legal side here, so my answer is based only on common sense:
Trimming bushes/hedges: Talk to your neighbors. You can ask if they want to trim it themselves or if you can take care of it. If they allow you to do it, they shouldn’t be upset if it’s not done exactly as they would have done it themselves (for example, if you accidentally cut a bit more than the owner would have).
Wheat: It depends on how much time is left until construction starts. If there is still some time, talk to the farmer about whether he wants to harvest the wheat (maybe you can negotiate a small payment). Regardless, you will probably have some growth (assuming grain kernels have already formed) — unless you send a flock of birds to enjoy it after harvest or cutting. (Though I’m not from a rural area myself.)
Regarding the vegetation, @f-pNo has already given you the right advice.
However, you should be aware that the owners of the hedges and plants, even if they overhang or grow on your property, are the neighbors. If you trim the shrubs, as you call them (hmm, since when is a hedge considered shrubs?), doing so yourself could be considered property damage under §303 of the Criminal Code.
Regards, Yvonne
However, you should be aware that the owners of the hedges and plants, even if they overhang or grow on your property, are the neighbors. If you trim the shrubs, as you call them (hmm, since when is a hedge considered shrubs?), doing so yourself could be considered property damage under §303 of the Criminal Code.
Regards, Yvonne
Okay, thanks so far.
I will take a picture of the vegetation when I get the chance and post it. “Scrub” is probably not the correct technical term, but it’s an ideal description of the current condition.
Regarding filling: as far as I know, in Bavaria there are no easements but only real burdens (grunddienstbarkeiten). However, I don’t understand what filling has to do with that. There is also a development plan, but this is not regulated there. Our architect has made a suggestion on how the site could be shaped, but we find it too uniform; we would prefer sharper, clearer edges in the terrain. I will just ask him about that directly. Thanks again for now.
I will take a picture of the vegetation when I get the chance and post it. “Scrub” is probably not the correct technical term, but it’s an ideal description of the current condition.
Regarding filling: as far as I know, in Bavaria there are no easements but only real burdens (grunddienstbarkeiten). However, I don’t understand what filling has to do with that. There is also a development plan, but this is not regulated there. Our architect has made a suggestion on how the site could be shaped, but we find it too uniform; we would prefer sharper, clearer edges in the terrain. I will just ask him about that directly. Thanks again for now.
ypg schrieb:
Regarding the growth, @f-pNo has already given you the correct advice.
However, you should know that the owners of hedges and plants, even if they overhang or grow on your property, are the neighbors. If you trim the scrub, as you call it (hm, since when is a hedge considered scrub?), yourself, it could be considered property damage under §303 of the Criminal Code.
Best regards, YvonneNot necessarily. You need to check the relevant regulations in neighbor law or any local ordinances to see what is governed and how. For example, hedges and trees usually must maintain their own boundary distances to avoid affecting the neighboring property. There is plenty of information online about overhanging branches and hedges, but the crucial point is always how and whether you can prove that your property is being affected. You must give the neighbor a reasonable period to fix the issue themselves; if they don’t comply, you can eventually take pruning shears in hand—in the presence of a lawyer and a landscape gardening expert—and shorten the tip of a branch.
Of course, an invitation for a cold drink and a hot sausage usually speeds things up.
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