ᐅ The post of our driveway gate extends about 10 cm onto the neighboring property.
Created on: 29 Jun 2020 20:33
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MedvedevHello friends,
I’m new here and hope that this is the right forum area for my concern and that you can help me.
We own a two-family house in Cologne, where we live as a family. Our future neighbor has had the neighboring house demolished and is now building new on the property. We have owned our house since 1995. Our house was built in 1984. We have a driveway gate with two masonry pillars.
The architect of our future neighbor verbally informed us today that he intends to build a 1.5 m (5 feet) high wall on our property line. For this purpose, he has already had an existing wooden fence, which belonged to us, removed without our consent. When we addressed this, he said he thought the fence belonged to the client, his principal.
He now also claims that the masonry pillar of our driveway gate (seen from the street on the left) is built about 10 cm (4 inches) onto the property of our future neighbor and must therefore be cut back or removed so that a flush wall can be erected.
The same applies to three wooden posts of our carport, which also protrude about 10 cm (4 inches) onto the neighbor’s property on the side.
Both would have to be dismantled as soon as possible, at our expense, so that construction can continue.
He said he would provide us with his demands in writing, which we would then have to sign accordingly.
Until now, we have always assumed that our gate pillar fully stands within our property boundaries (40 x 40 cm (16 x 16 inches)).
As proof, the architect handed us a copy of a city-approved drawing from Cologne (stamped), which is supposed to show that the pillar and posts protrude onto the neighboring property.
However, the pillar and posts in question are not marked on the site plan.
According to what I found online, a neighbor’s right regarding dismantling or similar claims expires after three years. What do you think about this?
Hopefully, you can give us some expert advice. We are grateful for your help!
Best regards,
Medvedev
I’m new here and hope that this is the right forum area for my concern and that you can help me.
We own a two-family house in Cologne, where we live as a family. Our future neighbor has had the neighboring house demolished and is now building new on the property. We have owned our house since 1995. Our house was built in 1984. We have a driveway gate with two masonry pillars.
The architect of our future neighbor verbally informed us today that he intends to build a 1.5 m (5 feet) high wall on our property line. For this purpose, he has already had an existing wooden fence, which belonged to us, removed without our consent. When we addressed this, he said he thought the fence belonged to the client, his principal.
He now also claims that the masonry pillar of our driveway gate (seen from the street on the left) is built about 10 cm (4 inches) onto the property of our future neighbor and must therefore be cut back or removed so that a flush wall can be erected.
The same applies to three wooden posts of our carport, which also protrude about 10 cm (4 inches) onto the neighbor’s property on the side.
Both would have to be dismantled as soon as possible, at our expense, so that construction can continue.
He said he would provide us with his demands in writing, which we would then have to sign accordingly.
Until now, we have always assumed that our gate pillar fully stands within our property boundaries (40 x 40 cm (16 x 16 inches)).
As proof, the architect handed us a copy of a city-approved drawing from Cologne (stamped), which is supposed to show that the pillar and posts protrude onto the neighboring property.
However, the pillar and posts in question are not marked on the site plan.
According to what I found online, a neighbor’s right regarding dismantling or similar claims expires after three years. What do you think about this?
Hopefully, you can give us some expert advice. We are grateful for your help!
Best regards,
Medvedev
P
pagoni202029 Jun 2020 20:38That sounds like trouble; otherwise, he could have discussed it with you beforehand. You’d generally want to maintain good neighborly relations. Maybe you could try to contact the builder directly to foster better cooperation and find acceptable solutions.
Oh yes… “You MUST sign,” I find that quite amusing. If not, then kneel down…
I remember something similar from a restaurant years ago… If you want to sit outside, you have to order a pot of coffee, not just a cup.
Oh yes… “You MUST sign,” I find that quite amusing. If not, then kneel down…
I remember something similar from a restaurant years ago… If you want to sit outside, you have to order a pot of coffee, not just a cup.
H
hampshire29 Jun 2020 20:44Talk to Hans, not little Hans – invite your new neighbor over. The architect won’t mind as long as the neighbor is okay.
Medvedev schrieb:
The architect of our future neighbor verbally informed us today that he intends to build a 1.5 m (5 feet) high wall on our property boundary. "No one has the intention to build a wall," and shortly after, it was there. Unlike back then, according to §§32ff NachbGNRW, building a boundary enclosure always involves both parties. Request something in writing and ask in writing for time to consider.
Medvedev schrieb:
For this purpose, he has already removed an existing wooden fence, which was our property, without our consent. That is property damage and theft. If he causes you any more trouble, reserve the right to take legal action.
Medvedev schrieb:
When addressed about this, he said he thought the fence belonged to the builder, his client. Ignorance of the law is no excuse. But even if that was his belief, he is not allowed to remove the enclosure without your involvement.
Medvedev schrieb:
According to the internet, a neighbor’s right expires after 3 years regarding dismantling or similar. What do you think about this? Which legal basis is cited for this? Section 912 of the Building Code (Baugesetzbuch) refers to buildings. For other structures, whether dismantling can be demanded depends on proportionality.
First, you need to clarify where the exact boundary lies. In case of dispute, you will likely need an official boundary survey. Since the other party has already created unlawful facts, compromises should be negotiable if you have actually encroached.
Mycraft schrieb:
There are boundary stones. Find them, and then you will know where you stand. If only it were that simple, I would have chosen another profession. There are also iron pipes, with or without visible markers, nails, bolts, horizontal and vertical marks, and chisel signs. And only rarely are they as obvious as in the photo.
Rarely is anything in life simple. Building a house and living in it are no exceptions, but a boundary marker is a boundary marker is a boundary marker. Even if it is a bicycle spoke. First and foremost, the boundaries should be clarified, because without them, there is no basis for any further discussion.
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