ᐅ Who is responsible for restoring the height of the garage/parking space?
Created on: 27 Sep 2023 15:54
D
darksun
Hello,
we have built and now there is some uncertainty about who is responsible for the costs of the necessary retaining walls (L-shaped concrete blocks) in the area of the garages and parking space.
For your information, there are two houses. The driveway area and house area for both houses have been excavated and are now at (let’s say) 0 meters (0 feet) elevation.
This is correct.
The area for the two garages and the parking space between the garages is also at 0 meters (0 feet).
Garage A is retaining earth at the back and will be backfilled with soil.
The adjacent parking space area A will have retaining walls at the rear, so that the garden area can be restored to the elevation shown in the building plan (let's say: 270 cm (106 inches)).
Neighbor A will pay for these retaining walls.
What is unclear is the area marked in red.
Retaining walls are also needed there, because the sidewall of Garage B is not earth-retaining and must be protected from soil pressure.
Neighbor A argues:
B must pay because the original elevation, as shown in the development plan (in the garden area), must be restored, and soil must therefore be replaced along the 2-meter (6.5 feet) area of the Garage B sidewall.
Neighbor B argues:
Neighbor A must pay for the retaining walls on the sidewall of their garage (2 meters / 6.5 feet) so that soil does not press against and damage their garage wall.
The replaced soil would damage Neighbor B’s garage.
What is the correct interpretation of the elevations in the development plan?
Does A have to bear the costs so that this elevation can be restored,
or does B have to pay because the red-marked area must be brought back to the elevation in the development plan at their expense?
we have built and now there is some uncertainty about who is responsible for the costs of the necessary retaining walls (L-shaped concrete blocks) in the area of the garages and parking space.
For your information, there are two houses. The driveway area and house area for both houses have been excavated and are now at (let’s say) 0 meters (0 feet) elevation.
This is correct.
The area for the two garages and the parking space between the garages is also at 0 meters (0 feet).
Garage A is retaining earth at the back and will be backfilled with soil.
The adjacent parking space area A will have retaining walls at the rear, so that the garden area can be restored to the elevation shown in the building plan (let's say: 270 cm (106 inches)).
Neighbor A will pay for these retaining walls.
What is unclear is the area marked in red.
Retaining walls are also needed there, because the sidewall of Garage B is not earth-retaining and must be protected from soil pressure.
Neighbor A argues:
B must pay because the original elevation, as shown in the development plan (in the garden area), must be restored, and soil must therefore be replaced along the 2-meter (6.5 feet) area of the Garage B sidewall.
Neighbor B argues:
Neighbor A must pay for the retaining walls on the sidewall of their garage (2 meters / 6.5 feet) so that soil does not press against and damage their garage wall.
The replaced soil would damage Neighbor B’s garage.
What is the correct interpretation of the elevations in the development plan?
Does A have to bear the costs so that this elevation can be restored,
or does B have to pay because the red-marked area must be brought back to the elevation in the development plan at their expense?
11ant schrieb:
uhm ... You’ve already placed the blocks and just left out the two pieces for him, plus you didn’t ask if he wanted to join your construction project and order the blocks for him??No, the L-shaped blocks have NOT been set yet (in the first post: "L-shaped blocks also need to go there, ...), only the garages and parking space (and the houses) are built/existing.Behind the garage and parking space is still an excavation pit (working area), now it should be filled in or the L-shaped block planning begins....
That’s why I didn’t understand what you meant by "relocate," you probably mean: "set the L-shaped blocks" ("relocate" sounded to me like moving something from point X to Y).
"Please speak in full sentences":
Backfilling, that’s what it means. The equipment for that is about the size of a tow truck.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
darksun schrieb:So you don’t mean that only his two-meter blocks still need to be installed, but that all the blocks still need to be set (and that they are 2m (6.5 ft) high) — the additional 70 cm (28 inches) are then sloped and stabilized with faith?
It’s just about the 2m (6.5 ft) L-shaped blocks that still need to be installed ...
Backfilling, that’s what it means. The equipment for that is about the size of a tow truck.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
X
xMisterDx27 Sep 2023 22:10Being right... getting justice... enduring the time it takes until then and having to live with a difficult neighbor for a lifetime...
I’m no expert, but where is something like this settled? That a parking space has to be filled back to its original level if it was dug out before?
I’m curious because the neighbors around me are also doing some strange things with the land right now. Maybe I could say, “Friend... you need to manage this if you think you can go 50cm (20 inches) below my land level here, not me…”
I don’t have the right to see the neighbor’s building plans for their property before starting my own considerations, right?
Are there really courts that, in case of doubt—like when a garage has been muddy after 3 years—would say, “Yes, Mr. B., but that’s really your own fault...”?
You have to have retaining wall blocks (L-blocks) installed anyway. And if you do it all in one go, the heavy equipment only has to come once to move the approximately 1.8t (2 tons) L-blocks (my car weighs less, even with me in it… I’m afraid it would take more than 100 sandwiches). If you can’t agree with the neighbor, is there a way to split the costs or something?
And regarding a neighbor who refuses to cooperate...
I like to believe in the good in neighbors… maybe they just don’t have the money right now? It has happened before that homeowners were completely broke after moving into their new house. The mood can get tense when “wealthier” neighbors come knocking two weeks later, asking to share the cost of a fancy designer fence for 25,000 EUR (around 27,000 USD) along the shared boundary. I don’t know your neighbor.
Also, expensive cars parked outside aren’t always a sign of great wealth, since they could have been purchased or leased before the ruinous construction project started. You are probably in the best position to judge where your neighbor stands financially.
And finally, a piece of advice that rarely comes here, because the forum users don’t have to live next to your neighbor.
In case of doubt, you have this neighbor forever... whether you want to make things difficult for yourself now… that’s up to you 😉
I’m no expert, but where is something like this settled? That a parking space has to be filled back to its original level if it was dug out before?
I’m curious because the neighbors around me are also doing some strange things with the land right now. Maybe I could say, “Friend... you need to manage this if you think you can go 50cm (20 inches) below my land level here, not me…”
I don’t have the right to see the neighbor’s building plans for their property before starting my own considerations, right?
Are there really courts that, in case of doubt—like when a garage has been muddy after 3 years—would say, “Yes, Mr. B., but that’s really your own fault...”?
You have to have retaining wall blocks (L-blocks) installed anyway. And if you do it all in one go, the heavy equipment only has to come once to move the approximately 1.8t (2 tons) L-blocks (my car weighs less, even with me in it… I’m afraid it would take more than 100 sandwiches). If you can’t agree with the neighbor, is there a way to split the costs or something?
And regarding a neighbor who refuses to cooperate...
I like to believe in the good in neighbors… maybe they just don’t have the money right now? It has happened before that homeowners were completely broke after moving into their new house. The mood can get tense when “wealthier” neighbors come knocking two weeks later, asking to share the cost of a fancy designer fence for 25,000 EUR (around 27,000 USD) along the shared boundary. I don’t know your neighbor.
Also, expensive cars parked outside aren’t always a sign of great wealth, since they could have been purchased or leased before the ruinous construction project started. You are probably in the best position to judge where your neighbor stands financially.
And finally, a piece of advice that rarely comes here, because the forum users don’t have to live next to your neighbor.
In case of doubt, you have this neighbor forever... whether you want to make things difficult for yourself now… that’s up to you 😉
Sorry,
I don’t understand your sentences...
> "Are there really courts that, in case of doubt—like if the garage is muddy after 3 years—say ‘Yes Mr. B., but that’s really your own fault…’?"
The soil was temporarily removed to build the garages there; now it must be refilled.
> "That a parking space should be refilled to its original level if it was excavated before?"
No one wants that because then the entire side wall would be against the soil!
> "You have to have retaining walls installed anyway."
Right!
Do you know the cost to have 2.70m (9 feet) tall retaining walls installed?
Four figures per wall element (1m (3 feet) wide).
> "Can’t you reach an agreement with the neighbor to share the costs or something like that?"
That’s exactly the point!
We (A) will of course pay for our 3m (10 feet) high walls, but the 2m (6.5 feet) along the side of his garage is, in my opinion, “his business.”
Should I be so nice and contribute to his costs (unnecessarily)?
We want to do it together, but the question is: Who pays for what?
> "Sharing a designer fence costing 25,000 EUR at the common boundary equally like brothers."
What is this “comparison” supposed to mean??
Have I ever asked for or said something like that?
I just don’t want to be exploited (i.e., treated unfairly), and that would probably be the case if I had to pay for his retaining walls!
> "In case of doubt, you’ll have this neighbor forever… it’s up to you if you want to ruin that relationship now…"
Is that something we have to decide?
Just for your information, until now it was clear: we pay for our 3m walls, he pays for his 2m.
Then we heard that he talked to a lawyer and we are not allowed to endanger his garage with the refilled soil, so we also have to cover the costs for the necessary retaining walls...
All in all, a “strange” post from you...
Or am I the only one who can’t make sense of this post?
I don’t understand your sentences...
> "Are there really courts that, in case of doubt—like if the garage is muddy after 3 years—say ‘Yes Mr. B., but that’s really your own fault…’?"
The soil was temporarily removed to build the garages there; now it must be refilled.
> "That a parking space should be refilled to its original level if it was excavated before?"
No one wants that because then the entire side wall would be against the soil!
> "You have to have retaining walls installed anyway."
Right!
Do you know the cost to have 2.70m (9 feet) tall retaining walls installed?
Four figures per wall element (1m (3 feet) wide).
> "Can’t you reach an agreement with the neighbor to share the costs or something like that?"
That’s exactly the point!
We (A) will of course pay for our 3m (10 feet) high walls, but the 2m (6.5 feet) along the side of his garage is, in my opinion, “his business.”
Should I be so nice and contribute to his costs (unnecessarily)?
We want to do it together, but the question is: Who pays for what?
> "Sharing a designer fence costing 25,000 EUR at the common boundary equally like brothers."
What is this “comparison” supposed to mean??
Have I ever asked for or said something like that?
I just don’t want to be exploited (i.e., treated unfairly), and that would probably be the case if I had to pay for his retaining walls!
> "In case of doubt, you’ll have this neighbor forever… it’s up to you if you want to ruin that relationship now…"
Is that something we have to decide?
Just for your information, until now it was clear: we pay for our 3m walls, he pays for his 2m.
Then we heard that he talked to a lawyer and we are not allowed to endanger his garage with the refilled soil, so we also have to cover the costs for the necessary retaining walls...
All in all, a “strange” post from you...
Or am I the only one who can’t make sense of this post?
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