Baustrasse will become a proper street - question about deep curbs

Hello everyone,

Our construction road is now being replaced by a proper street.

With two weeks' notice, I received a letter yesterday.

Excerpt
To avoid delays and possibly additional costs at the start of construction, the following notes must be taken into account by you:


-The street area must be free of building materials or other items stored there.

-The curbstones for the street edging will be installed along the property boundaries, as is customary in Velbert. This means that the concrete back support of the curbstone must be located on your property. To construct the civil engineering structure, it is necessary for us to take up a strip of about 30 cm (back support and working space). We therefore ask you to keep this strip free of fixtures or installations or to clear it. After completion of the work, the 30 cm strip will of course be available to you for design.

End of excerpt

Is something like this lawful?
They are building their street partly on my property. They do not ask for permission. They demand restoration (my front door deliberately already has a 20 cm distance from the street). And they immediately threaten with additional costs. "As is customary in Velbert" is not, to me, a legal basis for such a procedure.

Given the time frame, I have no chance to do anything. I also cannot get a road builder that quickly. Moreover, I am in the hospital after an accident and two operations.

I am considering involving my lawyer and filing an objection.

Thank you for a competent assessment (no legal advice, possibly answer via PM)

Best regards
Thorsten

Hello, first of all I wish you a good and speedy recovery! That the edge of the low side projects into your property is, in my opinion, normal. You won’t see that later anyway. On the other hand, you don't want the curbstones to lean towards your property afterwards, nor do you want there to be 30 cm of municipal land next to the street that might only be mowed twice a year. Have you already finished your driveway and access path even though the final street is only coming now? Before I involve a lawyer, I would try to contact the road construction company or the client (municipality?) and explain the situation.

Short and sweet: you are allowed to do that. So save your money for a lawyer.

Rhenish greetings from the road
Construction expert

Hi,
if the street edging is supposed to edge the street as the name suggests, it has to be at the edge. And with that, a support has to be on your property.
Without knowing the legal situation, I would strongly suspect that the procedure is legally okay, and that is probably stated somewhere in the development plan.

I would also first call there politely and ask if the 20 cm at your house entrance are also okay. Do you already have fences, driveway, etc. all finished? What do you want a road builder for?

Best regards,

Andreas

Hi.

Thank you for your quick reply.

I will talk to the people there. If necessary, they will have to cut away 2 times 10 cm edging stones at the house entrance.

Best regards.

Thorsten

PS The driveway was deliberately not done. It only concerns the house entrance. I specifically did not have it laid all the way to the street. But there is no 30 cm space there.

I can also imagine that the construction workers will manage 20cm there, after all they are professionals and they certainly do not insist on 30cm "on principle".