ᐅ The post of our driveway gate extends about 10 cm onto the neighboring property.
Created on: 29 Jun 2020 20:33
M
Medvedev
Hello 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
Medvedev schrieb:
According to information online, a neighbor’s right regarding dismantling or similar issues expires after 3 years. What do you think about this? Hello
I just read through the thread.
The problematic neighbor simply claims that the homeowner is 10cm (4 inches) onto their property. And according to what you find online, if the neighbor doesn’t notice for 3 years, they lose their claim.
My property is my property. If I notice that my neighbor is using my land, I expect the person using it to make a proposal to resolve the issue.
This could be dismantling or compensation in monetary terms. But ignoring it for 3 years and then saying “too bad, you didn’t notice” is not a constructive approach.
Steven
Unfortunately, @Medvedev did not keep us updated on how the situation developed. It is interesting that the discussion is now active again.
@Steven, the tone is quite harsh, but it is true that every issue has two sides. The original poster certainly presented their perspective. Whether they were correct, we never found out. However, the demolition of the fence does cast a negative light on the "other side."
@Steven, the tone is quite harsh, but it is true that every issue has two sides. The original poster certainly presented their perspective. Whether they were correct, we never found out. However, the demolition of the fence does cast a negative light on the "other side."
Altai schrieb:
But tearing down the fence does cast a bad light on the "other side".Hello AltaiThat’s correct.
But we never found out where exactly the fence was located or what condition it was in.
Let’s say I buy a plot of land with an old wooden fence on it. Now I develop the property. Those few old boards quickly go into the dumpster.
Steven
Steven schrieb:
Suppose I buy a plot of land with an old wooden fence on it. Now I urbanize the property. Some of those old boards quickly end up in the dumpster. Before demolition starts, I visit the neighbors and introduce myself. This is when you can discuss and agree on boundaries.
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