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
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
Maybe you could start by describing and explaining how you felt during the process. There are also people who just appear a certain way at first. He might have already been upset about something you don’t even know about. The other side of the story sometimes sounds completely different.
Painkiller schrieb:
We have a similar situation, and when I asked the building authority / planning office, I was told that the person with the higher land is also obliged to secure their property against the neighbor, for example against landslides, rainwater, etc.It sounded like it was a natural plot. In that case, the person who excavates or adds fill must provide the necessary securing.
I also find it a bit difficult without any sketch at all.
Basically, the important question is: if he does it that way, would you be at a disadvantage? Who is responsible for maintenance? Who will cover the maintenance costs in the long run? Maybe the neighbor sells the property someday, and the next owner says: “Uh, why should I take care of this? It’s on your property, you handle it!”
So if you decide to go ahead, I would clearly define the legal arrangements.
If it restricts your property rights in any way, I would reject the idea. And if you don’t yet know how you’ll design your outdoor area or if those L-shaped retaining walls could potentially be a disadvantage for you, I would tell the neighbor exactly that. That you want to wait until you finalize your landscaping plans, since you don’t know yet, and only then will you be able to make a decision. He’ll just have to wait. And if he’s as grumpy as it sounds, well, you can remind him that attitude matters and that cooperation doesn’t improve with that kind of tone, right? 😎
Otherwise, if it doesn’t limit you (or even benefits you), why not!
But as I said: I would definitely specify long-term maintenance responsibilities.
Basically, the important question is: if he does it that way, would you be at a disadvantage? Who is responsible for maintenance? Who will cover the maintenance costs in the long run? Maybe the neighbor sells the property someday, and the next owner says: “Uh, why should I take care of this? It’s on your property, you handle it!”
So if you decide to go ahead, I would clearly define the legal arrangements.
If it restricts your property rights in any way, I would reject the idea. And if you don’t yet know how you’ll design your outdoor area or if those L-shaped retaining walls could potentially be a disadvantage for you, I would tell the neighbor exactly that. That you want to wait until you finalize your landscaping plans, since you don’t know yet, and only then will you be able to make a decision. He’ll just have to wait. And if he’s as grumpy as it sounds, well, you can remind him that attitude matters and that cooperation doesn’t improve with that kind of tone, right? 😎
Otherwise, if it doesn’t limit you (or even benefits you), why not!
But as I said: I would definitely specify long-term maintenance responsibilities.
@Bauexperte provided the only correct answer. 😉
The neighbor can buy the 50cm (20 inches) if you don’t need the space yourself. Dividing the property and land acquisition costs, including additional fees, won’t be less than €5,000 (about $5,400), and can quickly reach €10,000 (about $10,800).
Otherwise—and this is probably what the city wants or will enforce—you should register an easement or land charge to clarify rights for maintenance, security, etc. This should never be done for free, unless the neighbor grants you a similar benefit in return, which, however, is unlikely in new housing developments.
The simplest solution: he should, like hundreds of thousands of other property owners, keep his materials on his own property. If he doesn’t like that, he should open his wallet—and appropriately so, considering his tone.
Assuming you have behaved correctly so far, your description is accurate, and you haven’t given the neighbor any reason for his behavior:
1. Congratulations—you’ve found a lifelong “friend” who may potentially lower your official land value price.
2. Call a firm boundary notice, and make sure it’s thorough. Otherwise, he will very likely step over the line with other issues or at least try to.
If someone approached me like that, I would demand a €1,000 (about $1,080) commission and a €5,000 (about $5,400) deposit for any potential land acquisition or easement registration, just so he can spend an hour talking to me at the notary. Then he’d think twice and put his materials on the boundary line.
Best regards
Dirk Grafe
The neighbor can buy the 50cm (20 inches) if you don’t need the space yourself. Dividing the property and land acquisition costs, including additional fees, won’t be less than €5,000 (about $5,400), and can quickly reach €10,000 (about $10,800).
Otherwise—and this is probably what the city wants or will enforce—you should register an easement or land charge to clarify rights for maintenance, security, etc. This should never be done for free, unless the neighbor grants you a similar benefit in return, which, however, is unlikely in new housing developments.
The simplest solution: he should, like hundreds of thousands of other property owners, keep his materials on his own property. If he doesn’t like that, he should open his wallet—and appropriately so, considering his tone.
Assuming you have behaved correctly so far, your description is accurate, and you haven’t given the neighbor any reason for his behavior:
1. Congratulations—you’ve found a lifelong “friend” who may potentially lower your official land value price.
2. Call a firm boundary notice, and make sure it’s thorough. Otherwise, he will very likely step over the line with other issues or at least try to.
If someone approached me like that, I would demand a €1,000 (about $1,080) commission and a €5,000 (about $5,400) deposit for any potential land acquisition or easement registration, just so he can spend an hour talking to me at the notary. Then he’d think twice and put his materials on the boundary line.
Best regards
Dirk Grafe
Musketier schrieb:
It sounded as if it were a natural plot of land. Then the person who excavates or adds fill is responsible for stabilizing it.Exactly! Well, we have now rejected that in a polite manner.
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