ᐅ Question about property law

Created on: 4 Oct 2016 15:59
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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
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ONeill
4 Oct 2016 21:31
Do I understand this correctly? He wants to take away space from you so he can use his area better? :-D

Honestly, I find the question quite bold.
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toxicmolotof
4 Oct 2016 21:49
I think the idea of placing the L-shaped retaining blocks as your neighbor suggested, directly on or just before the property line, isn’t bad at all. What height are we talking about for the blocks?

You will need to build the foundation on your side, and then add soil on top of that. If you then install a fence on top, everything should be fine.

What actually bothers me are two things:

1) The neighbor’s attitude.
2) The lack of planning on your side.

There has already been plenty of feedback on the first point, ranging from “forget you” to “no,” which is your right.

Regarding the second point, there is still plenty of room for planning. Does your land slope toward the boundary? Are you considering adding fill material?

I think the best approach could be to agree on the position with your neighbor individually (for example, 50cm (20 inches) on your side / 30cm (12 inches) on their side). Your neighbor would build the L-shaped blocks high enough to allow you to add soil, and would cover the cost of the blocks including installation. Once you’ve leveled the ground, you would both share the cost of a fence on top equally.

That’s how I would handle it.

Of course, a contract is important to cover construction costs, maintenance, and repairs. If your neighbor wants it that way, he can take on the responsibility.
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Bauexperte
4 Oct 2016 21:50
ONeill schrieb:
Do I understand correctly that he wants to take away your land so he can use his better? :-D
Not so uncommon – if I had let our neighbor do that today, it would require an easement to our disadvantage 😡

Regards, Bauexperte
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Bieber0815
5 Oct 2016 06:57
Without a sketch of the terrain profile, I am working completely in the dark here.
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HilfeHilfe
5 Oct 2016 07:31
If I don’t have a great relationship with the neighbor from the start and don’t gain any benefits from this arrangement, it’s perfectly fine to say NO. Be careful, because if you ever need something, they might also say no.
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Painkiller
5 Oct 2016 07:38
So, if I understand correctly, your property is situated higher than your neighbor’s. He wants to level his garden as much as possible and will need to excavate. You would need to add fill or have a slight slope.

We have a similar situation, and when I asked the building authority, I was told that the person with the higher property is also responsible for securing their land against the neighbor, whether it’s to prevent landslides, manage rainwater, etc.

If your neighbor is willing to pay for the retaining walls (L-shaped blocks) and their installation, I would actually consider that a good thing. The soil he removes can be reused by you to add fill and level your area.

Of course, his approach may not be the most polite, but you’re not marrying him over this.

What I don’t quite understand is the issue about getting this registered...

But there’s nothing worse than a neighbor dispute. You have to keep in mind that you’ll be living there for the next few years, and you might see each other daily. If you end up resenting each other every day because one thinks the other is an idiot, it really spoils the joy of owning your home.

I’ve seen this firsthand with my parents. They had a good relationship for 30 years, then a fight broke out over a small section of wall—who was allowed to put their flower pot on it. The wall is on my parents’ property, but the neighbors had the copper cap installed... 😡 Since then, not a word has been exchanged, and they avoid each other.