ᐅ Question about property law

Created on: 4 Oct 2016 15:59
N
Nafetsm
Hello,

First of all, I’m new here and would like to briefly introduce myself 🙂

My name is Patrick, I’m 41 years old and I’m from near Ulm.
We have built (or rather are still building), and now the first questions are slowly coming up.
And no, the picture is not our house, but it’s roughly in that direction at least 😉

As I mentioned, I’m new here, so please be patient if I’m not yet familiar with some forum rules 🙂))

We are currently working on the outdoor area, and in this context, our neighbors approached us asking if they could place an L-shaped retaining wall block on our property to better use their land.

Basically, this means they would like the horizontal part of the L to extend about 50cm (20 inches) onto our property so they can dig the soil exactly at the property boundary. Instead of digging 50cm (20 inches) further into their own land, they want to shift the entire area 50cm (20 inches) onto our side. That means, to me, the neighbor effectively gains 0.5m (20 inches), we lose it, and the foundation will be cast on our property.
This wouldn’t be a big deal normally, but we don’t really get along well with this neighbor (and he presented his request more as a demand). I’m wondering about the long-term consequences if we agree. Problems when reselling? At the point where his foundation is poured, we won’t be able to dig out further to level our ground. Not an issue now, but what about later? The city also wants us to have a formal entry registered on-site (whatever that is). Probably to confirm that we approved this.

What would you do?

Thanks for your opinion
A
Alex85
4 Oct 2016 17:20
Climbee schrieb:
Disadvantages?

At least one risk. Who maintains the bricks, who replaces them if necessary, and who covers the associated costs? Who is liable for any damages that might arise directly or indirectly from the bricks or their installation? This requires a contract and an easement, right?
And of course, a price.
Nafetsm4 Oct 2016 19:35
I hadn’t thought about it that way before. I’m not really familiar with this, but if we had a great relationship with the neighbor, I’d think there would always be a solution. However, I don’t feel comfortable with the situation. He is putting pressure on us by saying that just because we don’t know yet what we want (whether to dig where the foundation will go or not), he can’t place a retaining wall right on the boundary. He says he can’t wait three years until we decide. He also claims that, legally, he is allowed to place the retaining wall on the boundary... I don’t know, someone who acts this way when you first meet them doesn’t feel trustworthy to me.

What are the legal regulations regarding this? Is it 50cm (20 inches) distance from the boundary, or how would he have to do it?
Nafetsm4 Oct 2016 19:39
toxicmolotow schrieb:
Two questions come to mind:

1) Whose property keeps the original ground level?

Ours! So he is changing his, planning to excavate.
B
Bauexperte
4 Oct 2016 20:13
Nafetsm schrieb:

What would you do?
Ask him if he still has all his marbles...?

Regards, Bauexperte
lastdrop4 Oct 2016 21:10
Sorry, but if the neighbor gives you a hard time, he can do whatever he wants on his own property. He can achieve his solution without your involvement, it just costs more.

Otherwise, I probably wouldn’t be willing to make concessions, not even in exchange for something, because then you are always also obliged.
B
Bieber0815
4 Oct 2016 21:13
Nafetsm schrieb:
What would you do?

Politely say no.