Boundary construction on neighboring property - Consent declaration

  • Erstellt am 2019-11-28 09:43:00

mertmk3

2019-12-03 13:30:28
  • #1
In fact, the contractor interpreted the consent form presented to me as allowing him to create a slope 2m into my property and additionally store excavated material. However, this was not evident from his consent form at all.

We have now established some conditions under which I can imagine allowing him to build his slope, and he seemed willing to agree to them. Besides a financial compensation, the amount of which he still wants to propose, the conditions are:

1.) Complete restoration of the terrain to its original state
2.) Metal fence with a height of 1.5m on the shared boundary
3.) Privacy hedge (evergreen) on his property side directly at the fence with a height of 1.5m
4.) Relocation of my roof tiles and stone storage on pallets to my lateral property boundary

Of course, all with time limits. I will now draft a contract that also imposes penalties for non-compliance with the agreed measures and ensures the implementation of the measures.

If he wants to do it under these conditions, I am happy to agree. It is clear that the man needs my signature to get started. The alternative is a retaining wall, which he apparently wants to avoid at all costs. He said as soon as I sign, he will get the building permit and can start.

As advice for the future: Do not sign consent forms, negotiate, draw up a detailed contract, and make sure you also benefit from it. Whether it all works out like this remains to be seen.

I will ask my architect to review the contract in order to have someone with some legal expertise in this area consulted.
 

pffreestyler

2019-12-03 13:55:47
  • #2
How glad I am not to have you as a neighbor ...

The permission to store my materials at my neighbors was a WhatsApp message. Sand from the neighbor at my place was also a WhatsApp message ... all of course without any compensation.

With your approach, I would show you zero cooperation as a future neighbor, and the day will come when you want something ...
 

Lumpi_LE

2019-12-03 13:58:11
  • #3
This is a general contractor who is building a multi-family house there, he will never see him or even the builder again... It cannot be compared to a small house ownership neighbor. In my opinion the right approach, in the end half of the property will be dug away from him in a WhatsApp message and then the general contractor is gone...
 

Mottenhausen

2019-12-03 14:16:12
  • #4
Just wanted to write as well:

A general contractor is building a million-dollar project, financed by a group of investors, where quite a few people earn a lot of money and go home after the project in the latest Porsche. But the dumb neighbor is supposed to "ensure good neighborly relations" so that the investors' greed can be exploited down to the last cm of the property? I'm laughing myself to death.

In my case, it would have gone like this: without consent, you incur additional costs for underpinning, earthworks, etc., the underground garage has to be planned 50cm smaller, etc. etc., maybe around 100,000€. Ok, you can alternatively use my property for 80,000€ or just forget it.
 

mertmk3

2019-12-03 15:37:04
  • #5
and understood it.

For your information: I gave my neighbors, who because of my construction have a 9x3m garage wall in front of their door instead of a driveway they shared with you, a few square meters at the driveway for free so that they can still use their driveway as such. Of course, free of charge. Just for the sake of neighborhood peace.

Everything else is a comparison of apples and oranges.
 

pffreestyler

2019-12-03 16:05:01
  • #6
Sorry, the mistake is mine. I had a different matter in mind take it all back
 

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