Crane from the neighbor on my property

  • Erstellt am 2019-10-15 18:25:37

kaho674

2019-10-16 09:05:29
  • #1
Why is that? I'm just telling him where he can put his stuff and where not. That's completely normal.
 

Grantlhaua

2019-10-16 09:10:16
  • #2


Personally, I would be annoyed if someone came at me with contracts. It basically means he doesn’t trust me. I’d be annoyed just the same if someone didn’t stick to what was agreed upon. But as I said, here in the village usually a handshake is enough; that still counts as a contract here. I also haven’t signed an official order with most craftsmen; a handshake was enough.

Here, you’d quickly get labeled and equated with the crazies from the city who sue a bakery because of bread roll smells or a farmer because of cowbells.
 

kaho674

2019-10-16 09:22:37
  • #3
I wouldn't make a contract either.
 

Dr Hix

2019-10-16 10:00:31
  • #4


The "sheet" (as well as the verbal agreement) is obsolete if you wouldn’t also be willing to "pee on the leg" of the neighbor later on this basis.

Either the (basic) trust is there and you let the neighbor act based on "common sense," or you simply say no.
 

Mottenhausen

2019-10-16 10:21:59
  • #5
I would not allow it, there are a number of problems:

- Has a site/height plan already been created for your property? How is that supposed to work when piles of earth and the raised crane setup area cover the actual terrain?

- Crane on your property = construction site that must be reported, meaning you have to notify the municipality of the start of construction, which then reports it to the BG Bau, and so on.

- No matter what, as the owner of the property you are responsible; you cannot simply transfer this to someone else. The formal procedure is always: you are liable to the injured party and, in case of damage, you can then approach the external construction company, the crane operator, etc., to get your money back. --> Good luck

- Are you sure that the municipality or, for example, the BG Bau will be 100% satisfied during an inspection with the securing of the crane, e.g., fencing, barriers, etc.? What if not?

- Then there is the delay issue, your construction start is too close. In our residential area, shell constructions were sometimes delayed by months due to construction defects or the bankruptcy of a subcontractor. For example, one had to wait 8 weeks after completing the ground floor for his precast ceiling elements because, for whatever reason, the statics had to be redone and new precast ceiling elements had to be ordered... (current waiting time at the plant)

Be polite and justify it with the surveying work and an allegedly advanced construction start. The potential for a neighborhood dispute over the crane on your property is much higher than the risk of annoyance from not allowing it. Instead, offer him that they can temporarily store building materials such as pallets of stones, reinforcement mats, roof beams, and the like, items that can be quickly cleared away if needed. No piles of earth! What if your neighbor’s funds run low towards the end and he realizes how expensive earthworks or transport & disposal really are... don’t do it.
 

11ant

2019-10-16 15:23:53
  • #6

No, that can be explained. This is by no means an insinuation that the neighbor is someone with whom you can only communicate in writing. Rather, it is about precisely minimal bureaucracy - but still binding on third parties beyond doubt - to ensure that the neighbor’s construction site, even where it uses the TE’s property, remains, liability-wise, the neighbor’s responsibility. Think of : if his crane were to extend onto the neighbor’s property and onto the street and he wanted to settle his dispute with the municipality about the crane’s location with the municipality: then someone would flat out say, we don’t talk to you at all, it extends from the neighbor’s property onto the street, not from yours. The same goes if the crane operator messes up: without the lease agreement, the neighbor is only the contractor of the crane operator, but in case of damage the insurance would complain that the thing stands on a third party’s property. And the injured party, taking TE into recourse, could get “the right” for two instances. Then even the honour-based contract culture, which I appreciate very much, no longer helps. Polio is cruel - oral vaccination is sweet. I would gladly take the amicably explained note for that - it can even be a beer coaster.
 

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