ᐅ Preparing the Building Site

Created on: 15 Jun 2015 16:51
J
jfkgerd
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).
Y
ypg
15 Jun 2015 23:47
No, @Dirk Grafe ... by the way, congratulations and I’m glad you will be supporting us now.

Property damage remains property damage... whether it is perceived as annoying or the setback distances were not respected. It is still property that you cannot simply clear without permission.
Criminal law is not affected by neighbor law.
Neighbor law certainly applies in most cases, but not when it comes to property and so-called vigilante actions over the garden fence.

P.S. We are not talking about windfall fruit or other fruit here.
D
DG
16 Jun 2015 00:31
Thanks for the compliments, but you are mistaken. This should not and must not become legal advice here, but try googling "Kapprecht" and §910 of the Building Code.
V
Voki1
16 Jun 2015 06:04
However, it consistently refers to Section 910 of the Building Code regarding the prior notice given to the infringer with an adequate deadline. If the infringer does not remove the disturbance, then according to Section 910 of the Building Code, the interference may be "cut off." In this respect, your positions are quite close.

Simply cutting off someone else’s property does not exist in Germany (fortunately) and would generally contribute little to maintaining good neighborly relations.
Y
ypg
16 Jun 2015 08:33
The original poster is asking if this is allowed so easily. That’s where Section 303 of the Criminal Code comes into play.
I don’t need legal advice; I belong to law enforcement!