Crane swing area in a very densely built-up residential area

  • Erstellt am 2023-07-15 19:55:30

Marc240

2023-07-15 19:55:30
  • #1
Hello everyone, three weeks ago we distributed notes in the street saying that the street at the height of our property will be completely closed for construction work. We did not mention that the crane is responsible for this, only that the street will be closed. The crane has been on the street since yesterday. So far, no loads have been moved with it. Today we received a call from a neighbor saying that this was not announced and that he does not allow swinging over his property. The crane turns in the wind (it has to, right?!) and naturally moves over all the houses. It is a very densely built and narrow residential area. (For context: the street has to be completely closed for the crane.) To build there anew, the crane inevitably has to swing over one or another property. However, loads must absolutely never be moved over his property. According to Google and court rulings, this could already turn out badly for us in court. We are uncertain, the crane will be standing there for a while, right? The crane will also move in the wind. We allowed cars from the neighborhood to park on our property before it started. We allowed scaffolding so that the neighbor could plaster his wall, we would never have decided otherwise and never thought we would get such feedback. On Monday I will of course talk to the construction company immediately, but maybe someone has an idea or has had a similar case.
 

kati1337

2023-07-15 20:21:05
  • #2
Uff, how I could smoke such people in a pipe.
He definitely saw the crane, googled just like you did, and then saw "oh! ha! they should have asked me! haha! now I'll put a wrench in their plans!" .... when you have neighbors like that, you don’t need enemies anymore.

Anyway - did he mention any reason why he doesn’t want that, or was it pure pedantry?
If there’s no good reason why you shouldn’t (even fee-freely?) swing over, I would try the following:
Approach the neighbor with the friendliest, most acted smile you can muster. Ask him for permission, preferably with a witness in tow (troublemakers are often only half as fierce when outnumbered).

If he says no again ... I’d discuss it with the construction company, that he does not tolerate it. If there’s no other way than with the crane, then I (personally) would just do it anyway. Let him sue. Always stay nice in court. Apologize. Didn’t know better. Explain the situation - there was no other way. Look up ladder- and hammer-law again for your federal state. If he still wins, just pay the fine.
I can’t think of anything better.

Warning: This is just my personal opinion and not legal advice. I am not qualified for that. =)
 

Marc240

2023-07-15 20:39:55
  • #3
The reason would be the fear of the crane when it swings over the property. We will try to have the conversation again. It's worth a try.

I don't know how else construction is supposed to take place on the property or any other in the area; I will have to refer to the hammer and ladder law again. If there were any other way, I would be the last one to do it at the expense of others. I hope there are special regulations for such a situation. We are worried about how far something like this can go, and whether something like a construction stop until clarification could be imposed.
 

xMisterDx

2023-07-15 21:00:14
  • #4


That didn’t need to be mentioned extra after the advice.

If he really is such a stickler, he'll call the police as soon as you make the first crane lift, and they’ll shut the operation down until everything is clarified. Or do you only need to make one lift?

If you need to lift loads, how do the loads get to you without flying over his property?

It’s like with illegal parking, because it’s more economical for the contractor and the ticket is factored in. The vehicle is towed immediately; the tow truck driver doesn’t wait until you’ve unloaded your vehicle.
 

xMisterDx

2023-07-15 21:06:26
  • #5
The 3 weeks were probably already borderline, it should have been 4. And you definitely should have informed that crane work is taking place and will be swung over the property. If the work really can only be done that way, then hammer blow law probably applies as a rule. But for that, you have to inform the neighbors in a timely and honest manner.
 

Costruttrice

2023-07-15 21:10:33
  • #6
If the work cannot be carried out in any other way than with a crane or if it would be a significant additional effort, the neighbor must tolerate it. This is regulated under the hammering and ladder law. However, you must notify the neighbor in writing well in advance. The deadline that applies to you, whether 2 weeks or 2 months in advance, you need to check in your federal state’s neighbor law. As mentioned, under hammering and ladder law. A crane is not explicitly mentioned at least in our case but is also included.

We also have such a "heart" of a neighbor, who nags just on principle. I can therefore almost recite the neighbor law by heart…
 

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