Crane from the neighbor on my property

I think that cranes and earth can be removed if needed for personal use is actually the lesser problem.

The question is rather, is the neighbor aware of possible damages (no matter how unlikely)? Does he realize what he might have to spend in the worst case to fix them – and can he actually afford that if it comes to it? Very few people are swimming in (liquid) wealth in the middle of the construction phase. Additional costs are certainly most unwelcome then. If it becomes necessary and he actually has to cover, for example, loosening the soil – and a bill of x€ arrives – will he then open his wallet with a smile? That he wants to save costs is more an indication that he cannot throw money around.

I know a similar situation: I occasionally borrow a horse trailer from a friend. Should it ever be seriously damaged, I would of course have to cover the damage, in the worst case a total loss (we are talking about a few thousand €) – and if I had the money left over, I would buy my own ... so I always hope that nothing happens...

It’s similar with the neighbor, I suspect. He surely just hopes that nothing happens.

I don’t understand the whole problem with "loosening" the soil? When talking to each other, you can agree that the crane will be placed in the future driveway or on the house’s footprint.

I know a similar situation: I occasionally borrow a horse trailer from a friend. If it were ever seriously damaged, I would of course have to replace the damage, in the worst case up to a total loss (we’re talking a few thousand euros) – and if I had the money left, I would buy my own... so I always hope that nothing happens...

And? It’s all quite normal.

And? It's all perfectly normal.

Of course it's normal. Until I learned that my pet owner liability insurance wouldn't have covered damage to the borrowed trailer and that, in case of doubt, I would actually have to pay for the damage out of my own pocket. Since then, I have explicitly included such a risk. Because I wouldn't have had a few thousand euros just lying around.

I just wanted to point out that you have to consider what kind of damages can occur, whether I can pay for them if necessary, or if I can insure myself. The question is whether the neighbor has thought it through to the end.

I know a similar situation: I occasionally borrow my friend's horse trailer. If it ever got seriously damaged, I would of course have to cover the damage, in the worst case up to a total loss (we're talking a few thousand euros here) – and if I had the money, I would buy my own... so I always hope nothing happens...

What would be the option here? Not lending each other things in friendship or drawing up a contract for a loan according to this thread. I assume you get a lump in your throat that you won’t get rid of quickly. The friendship will probably suffer because of it. You will obviously understand that your friend wants such a contract, but it won’t be the same as before the contract.

And this “doing a favor in friendship” is precisely a confidential gesture. It’s similar with relatives, neighbors, and colleagues.

This trust can hardly be secured contractually. Also resulting disadvantages. Hand on heart: with your use, the trailer will certainly bear one or another small flaw, even if it’s just faster wear and tear on the wheels?! That might be comparable to your compacted soil. And you have to weigh whether you suffer a significant disadvantage from that, which wouldn’t also arise otherwise or be changed later anyway (loosened, dug up, or something).

It was about the process: becoming aware of what the worst case is, asking yourself whether you can/want to cover the damage then, if not - considering how you can protect yourself. Checking whether you are actually covered. No, we don’t have a contract. But I have adjusted my insurance. (And by the way, she is a long-time friend who explicitly only lends her trailer to people she trusts. Not a randomly chosen future neighbor whom you don’t even know yet.) I don’t know how it is for others, but for me the topic of house building was uncharted territory. And more than once I thought "I would never have thought of that." All the things you have to think about! Naïve, I would say today. And I’m sure many first-time builders feel the same. (For example, the application for permission to create a driveway...) The question here is whether the neighbor has thought it through until the end. I never wrote that you should make a contract.

But you had a contract. A loan agreement. Concluded orally just now. You are right with your comment about a possible case of damage. You can always assume the worst case. Then you are certainly well insured. Or you simply accept a bit of risk.