Definition of fences/enclosures

  • Erstellt am 2017-09-02 15:52:21

Chriscross

2017-09-05 09:45:24
  • #1


I see it the same way....



And the "green area" you described (It would have been nice that way too --> See picture on the right side I-net page "Wohnen am Mühlenbergsee") has now become a hilly landscape with height differences of up to 1.5 m. But if retaining walls, etc. are not fences. The creator of the development plan snoozed and we are out of luck.
 

Alex85

2017-09-05 09:55:59
  • #2
A dilemma. But it will not be resolved. Especially since height specifications belong to the building application and thus the authorities had to be clear about what was happening there. Now it’s only about finding the scapegoat who has to take the blame for the embarrassment.

I advise again: When the development plan was drawn up, it was assumed that B would be a large public green space. Then a penny-pincher from the city came along and suddenly the area was sold to private developers. Money was made from the land, maintenance costs were avoided. Unfortunately, it was too late to draw the necessary consequences for the development plan from this change. It might still have been possible to regulate this privately in the purchase contract...
 

Chriscross

2017-09-05 10:06:57
  • #3
I thought so. Unfortunately, I am also not allowed to build a high wall to avoid having to look at the "dilemma" .

Thank you for your contributions.
 

Alex85

2017-09-05 10:50:53
  • #4
Maybe other opinions will come. There are a few experts here after all.
 

11ant

2017-09-05 11:55:43
  • #5

No, lawn edging stones and also the L-shaped stones (support brackets) probably meant here are not enclosures.

In my opinion, someone has absolutely earned the term complete idiot if they carry out such "leveling" right up to the boundary instead of cutting back before.

Even if the development plan lacks any height specifications—especially those limiting terrain modeling—I see the purpose of Zone A violated if it is not also exempted from terrain modeling.

If I were you, I would proceed as follows:
1) Talk to the neighbor to have him cut back. Then you won't have earth falling onto your property. His problem that he is not allowed to drain onto your property remains, however.
2) If 1) is unsuccessful, install L-shaped stones (where the "lower leg" of the L actually belongs on his side).
3) If someone complains, seek interim legal protection if necessary, i.e., suspend enforcement of your L-stone removal until a decision is made regarding 4).
4) Be quite bold and challenge the development plan before the administrative court: it obviously violates your need for protection against your neighbor inventing the Lower Saxony Alps next to you. The development plan must be amended here and is to be suspended in its validity until then.

Ceterum censeo: it is hardly imaginable to find bigger complete idiots than people who give their lake property a sheer cliff themselves.
 

Chriscross

2017-09-05 12:08:18
  • #6


Thanks for the confirmation. So at least I am not alone here with my opinion.



I did that. The response was "...I don’t care... there will be a fence back there anyway... let someone say something..." I just laughed at my neighbor after that.



He will install the stones after I have dealt with him myself and at his expense.



Let’s wait and see what happens. We are not the only ones with such neighbors. Especially since I have to build my fence, which is only allowed to be 80 cm high, on my own property. If the neighbor’s property is 30 cm higher, only 50 cm remain. If the neighbor’s boy now reaches over the fence and the dog bites him on the arm because the dog considers its property threatened, a legal dispute is looming.



I have nothing more to add either!!!
 

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